05A31101
09-04-2003
Edward G. Ross, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Edward G. Ross v. Department of the Air Force
05A31101
September 4, 2003
.
Edward G. Ross,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Request No. 05A31101
Appeal No. 01A24954
Agency Nos. 9V1M00308; 9V1M00399
Hearing No. 310-A1-5204X
DENIAL OF REQUEST FOR RECONSIDERATION
Edward G. Ross (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Edward G. Ross v. Department of the Air Force, EEOC Appeal
No. 01A24954 (July 9, 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).
In his underlying complaint, complainant alleged that the agency
discriminated against him under Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq. Complainant requested
a hearing. An EEOC Administrative Judge (AJ) issued a decision without
a hearing, finding no discrimination. On appeal, the Commission affirmed
the agency's final order, adopting the AJ's decision.
In his request for reconsideration, complainant reiterates arguments
previously raised and considered by the Commission. 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, at 9-17 (rev. November 9, 1999). 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. 01A24954
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
September 4, 2003
__________________
Date