George Malone, III. Complainant,v.Michael Leavitt, Administrator, Environmental Protection Agency, Agency.

Equal Employment Opportunity CommissionDec 23, 2003
05A40194 (E.E.O.C. Dec. 23, 2003)

05A40194

12-23-2003

George Malone, III. Complainant, v. Michael Leavitt, Administrator, Environmental Protection Agency, Agency.


George Malone, III v. Environmental Protection Agency

05A40194

December 23, 2003

.

George Malone, III.

Complainant,

v.

Michael Leavitt,

Administrator,

Environmental Protection Agency,

Agency.

Request No. 05A40194

Appeal No. 01A24283

Agency No. 2001-0053-R6

DENIAL OF REQUEST FOR RECONSIDERATION

George Malone, III, (complainant) timely initiated a request<1> to the

Equal Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in George Malone v. Environmental Protection Agency, EEOC

Appeal No. 01A24283 (November 12, 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).

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. 01A24283 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

December 23, 2003

__________________

Date

1We note that complainant subsequently

submitted a request to amend his complaint to include a claim of

retaliation when he was reassigned to a Superfund Practice Group Leader

position. Complainant further requested that the Commission enjoin the

agency from proceeding with the reassignment. Complainant is advised that

the Commission is without authority to provide the preliminary injunctive

relief he requests. If he has not already filed a new complaint on the

reassignment issue, he is advised that if he wishes to pursue, through the

EEO process, this additional allegation, he must contact an EEO counselor

within 15 days after he receives this decision. The Commission advises

the agency if complainant seeks EEO counseling regarding this new claim

within the above 15 day period, the date complainant filed the statement

in which he raised this allegation shall be deemed the date of initial

EEO contact, unless he previously contacted a counselor regarding this

matter, in which case the earlier date shall serve as the EEO counselor

contact date. Cf. Alexander J. Qatsha v. Department of the Navy, EEOC

Request No. 05970201 (January 16, 1998); Williams v. Department of the

Navy, EEOC Request No. 05A10183 (June 21, 2001).