05A40852
07-22-2004
Edward G. Shannon, Complainant, v. John W. Snow, Secretary, Department of the Treasury, (Internal Revenue Service), Agency.
Edward G. Shannon v. Department of the Treasury
05A40852
July 22, 2004
.
Edward G. Shannon,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
(Internal Revenue Service),
Agency.
Request No. 05A40852
Appeal No. 01A33179
Agency No. 02-3078
Hearing No. 170-A2-8346X
DENIAL OF REQUEST FOR RECONSIDERATION
Edward G. Shannon (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Edward G. Shannon v. Department of the Treasury, EEOC Appeal
No. 01A33179 (May 20, 2004). 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 complaint, complainant alleged that the agency discriminated
against him on the basis of disability, in violation of Section 501
of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,
29 U.S.C. � 791 et seq., when in June 2001, it failed to select him for
the position of temporary Lead Program Analyst.
In our previous decision, we affirmed the EEOC Administrative Judge's
(AJ's) decision finding of no discrimination. The AJ concluded
that complainant failed to establish a prima facie case of disability
discrimination. The AJ found that complainant did not have a mental or
physical impairment, which substantially interfered with one or more of
his major life activities. The AJ also concluded that even assuming
arguendo that complainant established a prima facie case, the agency
articulated legitimate nondiscriminatory reasons for its actions.
The record reveals that complainant's application, along with those
of other qualified candidates, was reviewed, rated and ranked by a
three member ranking panel. The record also reveals that the cut-off
score for highly qualified (HQ) candidates was 45.28 and the cut-off
score for best qualified (BQ) candidates was 46.68. The record further
reveals that complainant received a score of 41.32 and was therefore
not further considered for selection. The record also shows that it
would not have been appropriate to consider veteran's preference in
connection with this vacancy announcement/position because it was an
internal announcement, only open to current employees, and veteran's
preference pertained only to appointments of external candidates.
Therefore, in our previous decision we agreed with the AJ that a
decision without a hearing was appropriate, and a preponderance of the
record evidence did not establish that discrimination occurred. In his
request, complainant restates the same arguments that he made on appeal.
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. 01A33179 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
July 22, 2004
__________________
Date