05A21286
05-30-2003
Damon B. Bodeep, Complainant, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.
Damon B. Bodeep v. Department of the Army
05A21286
May 30, 2003
.
Damon B. Bodeep,
Complainant,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Request No. 05A21286
Appeal No. 01A13030
Agency No. 980910070
Hearing No. 220-99-5347X
DENIAL OF REQUEST FOR RECONSIDERATION
Damon B. Bodeep (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Damon B. Bodeep v. Department of the Army, EEOC Appeal
No. 01A13030 (August 8, 2002). EEOC Regulations provide that the
Commission may, in its discretion, reconsider any previous Commission
decision where the requesting party demonstrates that: (1) the appellate
decision involved a clearly erroneous interpretation of material fact
or law; or (2) the appellate decision will have a substantial impact on
the policies, practices, or operations of the agency. See 29 C.F.R. �
1614.405(b).
In his underlying complaint, complainant alleged that he was discriminated
against on the bases of race (Caucasian), his sex, and age (48),
when on or about July 9 1998, he was not selected for promotion to the
position of Contract Specialist, GS-2202-12, in the agency's Acquisition
Center. At the conclusion of the investigation, complainant requested
a hearing before an EEOC Administrative Judge (AJ). The AJ issued a
decision without a hearing, finding that no issues of material fact or
credibility were in dispute. The agency issued a final order adopting
the AJ's finding. On appeal to the Commission, we affirmed the agency's
final order.
In his request for reconsideration, complainant contends that the AJ
erred by disregarding the objective criteria in evaluating the candidates,
complainant's background and qualifications, and the minimum standards
required for each candidate in order to be considered for the promotion.
However, we remind complainant that a �request for reconsideration is
not a second appeal to the Commission.� Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614 (rev. November. 9, 1999), at
9-17. This Commission carefully considered all of the record evidence at
the time it rendered the initial decision in question, and complainant has
offered no persuasive reason why this decision should be reconsidered now.
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds that the request
fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it is the
decision of the Commission to deny the request. The decision in EEOC
Appeal No. 05A21289 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive this
decision. If you file a civil action, you must name as the defendant in
the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
May 30, 2003
__________________
Date