05A31112
10-09-2003
Luis Amado, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Luis Amado v. Department of the Air Force
05A31112
October 9, 2003
.
Luis Amado,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Request No. 05A31112
Appeal No. 01A30760
Agency No. LA0J030760
Hearing No. 360-A2-8674X
DENIAL OF REQUEST FOR RECONSIDERATION
Luis Amado (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Luis Amado v. Department of the Air Force, EEOC Appeal
No. 01A30760 (July 24, 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).
In the underlying complaint, complainant alleged that the agency
discriminated against him in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
Specifically, complainant contended that he was discriminated against
on the basis of his national origin<1> (Hispanic) when he witnessed a
supervisor make a derogatory, racial remark to a fellow employee and
threaten to do bodily harm to that employee on July 27, 2001.
On September 10, 2002, an EEOC Administrative Judge (AJ) issued a
decision without a hearing in the agency's favor. The agency's final
decision (FAD) dated October 21, 2002, adopted the AJ's finding of no
discrimination and our prior appellate decision affirmed this finding.
In his request for reconsideration, complainant asserts that as a result
of engaging in protected activity his job has been threatened.
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. In reaching this
conclusion, we note that complainant fails to demonstrate that our prior
decision involved a clearly erroneous interpretation of material fact
or law, or will have a substantial impact on the policies, practices
or operations of the Commission. Based on the foregoing, the decision
in EEOC Appeal No. 01A30760 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
October 9, 2003
__________________
Date
1While complainant actually marked �race� as
the basis of his complaint, a review of his allegations indicate that
the more appropriate basis for his claim is his national origin.