Mark Schoenberg, Complainant,v.Stephen A. Perry, Administrator, General Services Administration, Agency.

Equal Employment Opportunity CommissionOct 9, 2003
05A31152 (E.E.O.C. Oct. 9, 2003)

05A31152

10-09-2003

Mark Schoenberg, Complainant, v. Stephen A. Perry, Administrator, General Services Administration, Agency.


Mark Schoenberg v. General Services Administration

05A31152

October 9, 2003

.

Mark Schoenberg,

Complainant,

v.

Stephen A. Perry,

Administrator,

General Services Administration,

Agency.

Request No. 05A31152

Appeal No. 01A32936

Agency No. 01COOGPMGS2

DENIAL OF REQUEST FOR RECONSIDERATION

Mark Schoenberg (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Mark Schoenberg v. General Services Administration, EEOC

Appeal No. 01A32936 (July 29, 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 alleged discrimination in violation of Section 501 of

the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29

U.S.C. � 791 et seq., on the basis of disability (knee impairment and

cardiovascular disease) and reprisal for prior EEO activity when the

agency failed to provide him with a reasonable accommodation in the form

of work at home assignments. The Commission issued a decision on July 29,

2003, finding that the preponderance of the evidence did not establish

that discrimination occurred.

In his request for reconsideration, complainant alleges that based on

evidence he planned to present to the Commission, he could prove that his

supervisor discriminated against him by refusing to provide assignments

to him. However, we note that while complainant states in his request

that he has additional evidence which will establish discrimination by

his supervisor, none of the evidence alluded to by complainant has been

presented with the request. As such, the Commission has no basis upon

which to review complainant's new allegations to determine whether his

supervisor did discriminate against him on the above-stated bases.

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. The decision

in EEOC Appeal No. 01A32936 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