05A21014
10-03-2002
Madison C. Hamrick, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, (Federal Aviation Administration), Agency.
Madison C. Hamrick v. Department of Transportation
05A21014
October 3, 2002
.
Madison C. Hamrick,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
(Federal Aviation Administration),
Agency.
Request No. 05A21014
Appeal No. 01A10972
Agency No. 4-99-4045
DENIAL OF REQUEST FOR RECONSIDERATION
Madison C. Hamrick (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Madison C. Hamrick v. Department of Transportation, EEOC
Appeal No. 01A10972 (June 19, 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).
In the underlying decision, complainant alleged he was discriminated
against on the bases of age (D.O.B. March 9, 1947) and sex (male) in
violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq., and the Age Discrimination
in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et
seq., when he was not selected for an Air Traffic Control Specialist
(ATCS) position in 1998. The final agency decision (FAD) found that
though complainant presented direct evidence of age discrimination, it
articulated legitimate, nondiscriminatory reasons for its actions which
show that even absent illegal age discrimination, it would not have
selected complainant for an ATCS position. The FAD further found that
with respect to the basis of sex, complainant failed to establish pretext.
The Commission affirmed the FAD, finding in part that the agency met
its burden of establishing, by a preponderance of the evidence, that
it would not have selected complainant for an ATCS position even absent
illegal age discrimination.
In his request for reconsideration, complainant contends that the
Commission erred in concurring with the FAD, and reiterates arguments made
previously. 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. 01A10972 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 3, 2002
__________________
Date