Luis Amado, Complainant,v.Dr. James G. Roche, Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionOct 9, 2003
05A31112 (E.E.O.C. Oct. 9, 2003)

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.