05A40806
06-04-2004
Fridrikh Begelmakher, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Fridrikh Begelmakher v. Social Security Administration
05A40806
June 4, 2004
.
Fridrikh Begelmakher,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Request No. 05A40806
Appeal No. 01A33374
Agency No. 99-0158-SSA
Hearing No. 160-AO-8058X
DENIAL OF REQUEST FOR RECONSIDERATION
Fridrikh Begelmakher (complainant) timely initiated a request to the
Equal Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Fridrikh Begelmakher v. Social Security Administration,
EEOC Appeal No. 01A33374 (April 14, 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 he was discriminated
against on the bases of national origin (Russian), religion (Jewish and
Sabbath observant) and age (47), in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.,
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq., as well as reprisal for prior EEO activity
(arising under Title VII), when he was denied overtime opportunities
and was subjected to a hostile work environment when he raised concerns
regarding the denial of overtime. Additionally, complainant claims that
he was discriminated against on the basis of reprisal when he was denied
the right to meet with his representative on November 4, 1998.
In our previous decision, we affirmed the AJ's decision finding of
no discrimination. The AJ concluded that complainant failed to present
evidence that any of the agency's actions were motivated by discriminatory
animus on any of his alleged bases. The AJ found that all the evidence
and incidents, taken as whole and taken as true, did not rise to level of
actionable harassment. The record reveals that everyone in the office
was offered the same amount of overtime when it was available, and all
employees were notified in the same manner. The record further reveals
that complainant was given the same opportunity to work overtime as the
other employees in the office. 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 requests
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. 01A33374 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
June 4, 2004
__________________
Date