05A30456
03-19-2003
John R. Hodge, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Logistics Agency), Agency.
John R. Hodge v. Department of Defense (Defense Logistics Agency)
05A30456
03-19-03
.
John R. Hodge,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
(Defense Logistics Agency),
Agency.
Request No. 05A30456
Appeal No. 01A20558
Agency No. JQ-01-008
DENIAL OF REQUEST FOR RECONSIDERATION
John R. Hodge (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in John R. Hodge v. Department of Defense (Defense Logistics
Agency), EEOC Appeal No. 01A20558 (January 16, 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).
Complainant filed an EEO complaint claiming that the agency discriminated
against him on the bases of race (Black American), color (Black), religion
(Baptist), sex (male) and age (D.O.B. 2/11/1952) when, on September 27,
2000, a coworker threatened him and complainant's first-line supervisor
did not take action against the coworker. The complaint was accepted
for investigation. When the complainant did not request a hearing before
an EEOC Administrative Judge, the agency issued a final decision on
the record.
In its September 26, 2001, decision, the agency found that complainant
had not established prima facie cases of race, color, sex, religion or
age discrimination because similarly situated individuals not in his
protected groups were treated like complainant was. Assuming complainant
had established his prima facie cases, the agency gave legitimate,
nondiscriminatory reasons for its action. The record revealed that
complainant and a coworker had a conflict at the workplace, after which
complainant called the Military Police when his first level supervisor did
not immediately do so. After an investigation by the Military Police,
the coworker received a Letter of Reprimand, and complainant and his
supervisor each received Letters of Caution. The agency concluded
that complainant had not shown that the agency's reasons were pretext
for discrimination, and concluded that he had not been discriminated
against. The previous decision affirmed the agency's final decision.
In his request for reconsideration complainant did not put forth any
arguments to show that the previous decision contained an erroneous
interpretation of material fact or law.
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. 01A20558 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
____03-19-03______________
Date