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