05A40653
06-08-2004
Lawrence E. Combs, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Lawrence E. Combs v. Department of the Navy
05A40653
June 8, 2004
.
Lawrence E. Combs,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A40653
Appeal No. 01A32955
Agency No. 02-00181-012P
DENIAL OF REQUEST FOR RECONSIDERATION
Lawrence E. Combs (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Lawrence E. Combs v. Department of the Navy, EEOC Appeal
No. 01A32955 (March 18, 2004). 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 his underlying complaint, complainant alleged he was subjected to
unlawful discrimination in violation of Section 501 of the Rehabilitation
Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.,
and the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq., on the bases of his age (D.O.B., June 18, 1947)
and disability (feet problems and asbestosis). Complainant alleged
the agency discriminated against him when: (1) on April 12, 2002,
management assigned him to the Special Projects Works Center; and
(2) management did not convert him to a full-time permanent position.
Following an investigation, the agency issued a final decision finding
no discrimination. Specifically, the agency found that even assuming,
arguendo, complainant established a prima facie case of age and disability
discrimination, it nonetheless articulated legitimate, nondiscriminatory
reasons for its actions which complainant failed to show were a pretext
for unlawful discrimination. On appeal, the Commission affirmed the
agency's final decision.
In his request for reconsideration, complainant appears to address issues
outside the scope of the instant complainant, and as such, 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. We note that to the extent
complainant wishes to raise any of the matters alleged in his request
for reconsideration as new issues of discrimination, he is advised to
contact an EEO Counselor, if he has not already done so. The decision
in EEOC Appeal No. 01A32955 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
June 8, 2004
__________________
Date