05A20792
08-12-2002
Maurice D. Levy, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Maurice D. Levy v. Department of Veterans Affairs
05A20792
August 12, 2002
.
Maurice D. Levy,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A20792
Appeal No. 01A14825
Agency Nos. 98-0447, 98-1006, 98-4316, 98-4323, 98-0447S
Hearing Nos. 150-99-8475, 150-99-8476, 150-99-8477, 150-99-8478,
150-A0-8435
DENIAL OF REQUEST FOR RECONSIDERATION
Maurice D. Levy (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Maurice D. Levy v. Department of Veterans Affairs, EEOC Appeal
No. 01A14825 (May 3, 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 Commission's previous decision, we found that, even assuming
for the sake of his appeal that complainant had established that
he was a person with a disability eligible for protection under the
Rehabilitation Act, a preponderance of the evidence did not prove that
he was subjected to unlawful discrimination as he had claimed. In his
request for reconsideration, complainant raises the issue of whether
or not he is an individual with a disability eligible for protection
under the Rehabilitation Act. Complainant contends that a decision in
his favor on this issue will have a far-reaching impact on the operation
of the agency. However, complainant presents no evidence in support of
that claim, and we accordingly conclude that he has failed to meet his
burden to establish that the appellate decision will have a substantial
impact on the policies, practices, or operations of the agency.
Therefore, 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. 01A14825 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
August 12, 2002
Date