05a20802
08-14-2002
John Patton, Jr., Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
John Patton, Jr. v. Department of Veterans Affairs
05A20802
August 14, 2002
.
John Patton, Jr.,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A20802
Appeal No. 01A10438
Agency No. 983238
DENIAL OF REQUEST FOR RECONSIDERATION
John Patton, Jr. (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in John Patton, Jr. v. Department of Veterans Affairs, EEOC
Appeal No. 01A10438 (May 16, 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).
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 alleged that he was subjected to harassment on the bases of
race (Caucasian), sex (male), disability (spine), age (46 at the relevant
time) and reprisal for prior EEO activity when he received notification
that his requests for additional disability compensation and payment
of medical bills were denied. The previous decision concluded that
even assuming the event in question was severe or pervasive enough to
create a hostile work environment, complainant failed to establish that
the agency's action was motivated by or based on his membership in a
protected group.
In his request for reconsideration, complainant reiterates arguments
that were previously considered when rendering the appellate decision.
Complainant offers no evidence to demonstrate that the previous
decision involves a clearly erroneous interpretation of material fact
or law or will have a substantial impact on the policies, practices,
or operations of the agency. It is therefore the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 01A10438
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
August 14, 2002
Date