05a31154
10-06-2003
David A. Lantzy, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
David A. Lantzy v. Department of Transportation
05A31154
October 6, 2003
.
David A. Lantzy,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Request No. 05A31154
Appeal No. 01A23535
Agency No. DOT-2-01-2004
DENIAL OF REQUEST FOR RECONSIDERATION
David A. Lantzy (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in David A. Lantzy v. Department of Transportation, EEOC
Appeal No. 01A23535 (July 18, 2003). 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).
Complainant filed an EEO complaint alleging that the agency discriminated
against him based on race (Caucasian) and sex (male), in violation of
Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42
U.S.C. � 2000e et seq., when it permanently reassigned complainant from
a Deputy Director position for a conflict of interest, although it only
temporarily reassigned an African-American, female coworker to a lower
position for a conflict of interest.
The agency found that complainant failed to establish a prima facie
case of discrimination based on race or sex and that complainant failed
to show that the legitimate, nondiscriminatory reasons articulated
by the agency for its actions are pretextual. On appeal, complainant
stated that the agency's articulated reasons are false. Specifically,
complainant stated that the agency could have authorized a waiver for the
alleged conflict of interest and the agency gives preferential treatment
to minorities and females so his discipline was much more severe than
the aforementioned coworker's discipline.
Our previous decision affirmed the FAD because complainant failed to
show that the agency's actions were more likely than not motivated by
discriminatory factors. We found that complainant failed to show pretext.
Complainant requested reconsideration of our prior decision.
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. 01A23535 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
October 6, 2003
__________________
Date