01975882
06-08-1999
Michael C. Ryan, Appellant, v. Rodney E. Slater, Secretary, Department of Transportation (Federal Aviation Administration), Agency.
Michael C. Ryan v. Department of Transportation
01975882
June 8, 1999
Michael C. Ryan, )
Appellant, )
)
v. ) Appeal No. 01975882
) Agency No. DOT-95-0410
Rodney E. Slater, ) Hearing No. 170-96-I-X
Secretary, )
Department of Transportation )
(Federal Aviation Administration), )
Agency. )
)
DECISION
Appellant timely appealed the final decision of Department of
Transportation (Federal Aviation Administration, (FAA)) (agency),
concerning his equal employment opportunity (EEO) complaint of unlawful
employment discrimination. Appellant alleged that he was discriminated
against on the bases of race (Caucasian) in violation of Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. �2000e et seq., when on
February 2, 1995 he was not selected for a 120-day detail to the position
of Manager, Operational Support Staff (AOS-30), GS-15. The appeal is
accepted by the Commission in accordance with the provisions of EEOC
Order No. 960.001. For the following reasons, the agency's decision is
AFFIRMED.
Appellant, a GS-14 Computer Specialist for the Federal Aviation
Administration Technical Center at the Atlantic City, New Jersey
International Airport, filed a formal complaint alleging that the agency
discriminated against him as referenced above. The agency accepted the
complaint for investigation. Thereafter, appellant requested a hearing
with an Equal Employment Opportunity Commission (EEOC) Administrative
Judge (AJ). A hearing was held on May 21, 1997, On May 28, 1997,
the AJ issued a recommended bench decision finding no discrimination.
The agency subsequently adopted the AJ's recommended decision (RD)
in a final agency decision (FAD) dated June 30, 1997.
The Commission has reviewed the record, consisting of the investigative
report, the AJ's recommended decision, various correspondence,
appellant's statement on appeal, and the FAD. The Commission concludes
that, in all material respects, the AJ accurately set forth the facts
giving rise to the complaint and the law applicable to the case.
The Commission further concludes that the AJ correctly determined
that the agency successfully rebutted appellant's prima facie case
of race discrimination by articulating a legitimate nondiscriminatory
explanation for not selecting appellant for the AOS-30 detail position.
We further conclude, as did the AJ, that appellant failed to establish
that the agency's articulated reasons were pretext for discrimination.
We acknowledge appellant's statement on appeal, however, we find no
persuasive evidence to support appellant's claim of discrimination.
Therefore, we find that the AJ correctly determined that appellant did
not established, by a preponderance of the evidence, that the agency
discriminated against him as alleged in his complaint. Accordingly,
the Commission herein adopts the AJ's recommended findings of fact
and conclusions of law. Accordingly, it is the decision of the Equal
Employment Opportunity Commission to AFFIRM the final agency decision
finding no discrimination.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and be submitted to the Director, Office of
Federal Operations, Equal Employment Opportunity Commission, P.O. Box
19848, Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed filed on the date it is received by
the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and any supporting documentation must be submitted with your
request for reconsideration. The Commission will consider requests
for reconsideration filed after the deadline only in very limited
circumstances. See 29 C.F.R. �l6l4.604(c).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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. If you file a request to reconsider and also file a
civil action, filing a civil action will terminate the administrative
processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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:
June 8, 1999
DATE Carlton Hadden, Acting Director
Office of Federal Operations