05A20087
03-08-2002
Hilton Hall, Jr., Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Hilton Hall, Jr. v. Department of Transportation
05A20087
March 8, 2002
.
Hilton Hall, Jr.,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Request No. 05A20087
Appeal No. 01A13931
Agency No. 2982097R
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Hilton
Hall, Jr. v. Department of Transportation, EEOC Appeal No. 01A13931
(September 21, 2001). 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).
Complainant alleges that he was discriminated against on the basis of
age (42 at the relevant time) when he was non-selected for a position
as an Air Traffic Control Specialist. In its FAD, the agency explained
that complainant was not selected for the position because he exceeded
the statutorily prescribed maximum age (31) for initial hires into
that position and did not satisfy the criteria for exemption from
the age requirement. Complainant does not dispute that he fails to
meet the exemption criteria. He argues, however, that other persons
significantly younger than he were hired in violation of the maximum age
rule and that he was thereby discriminated against on the basis of age.
The record does not support complainant's position. The only competent
evidence on the point indicates that these comparators did, in fact,
meet the criteria for exemption from the age requirement.
For the foregoing reasons it is the decision of the Commission to deny
the request. The decision in EEOC Appeal No. 01A13931 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
March 8, 2002
__________________
Date