05A20725
07-24-2002
John C. Hamilton, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
John C. Hamilton v. Department of the Navy
05A20725
July 24, 2002
.
John C. Hamilton,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A20725
Appeal No. 01A12835
Agency No. DON 99-61414-002
Hearing No. 120-A0-3494X
DENIAL OF REQUEST FOR RECONSIDERATION
John C. Hamilton (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in John C. Hamilton v. Department of the Navy, EEOC Appeal
No. 01A12835 (March 28, 2002). 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 the underlying decision, complainant alleged that the agency
had discriminated against him on the basis of reprisal for prior EEO
activity when he was ordered to leave the Security Department building
on September 17, 1998. We affirmed the final agency decision finding
no discrimination. In the instant request, complainant argues that the
event complained of was one of several that should be viewed in concert
with one another. Complainant cites to incidents occurring before
September 17, 1998, as evidentiary support. The incidents occurring
prior to September 17, 1998, however, were dismissed by the agency for
failure to contact an EEO counselor within the prescribed time frame.
This Commission affirmed that dismissal. See Hamilton v. Department of
the Navy, EEOC Appeal No. 01991422 (October 8, 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. Although the
AJ issued a summary judgment decision, complainant was free to present
evidence in support of his position. Further, the AJ was free to
consider information on events occurring prior to Septemeber 17, 1998,
as background information. The AJ and this Commission concluded that
complainant failed to present any evidence that would support a finding
of discrimination, even after viewing all the evidence in a light most
favorable to complainant. Thus, the decision in EEOC Appeal No. 01A12835
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 24, 2002
__________________
Date