0520110704
12-21-2011
Orlando L. Correa, Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security (Customs and Border Protection), Agency.
Orlando L. Correa,
Complainant,
v.
Janet Napolitano,
Secretary,
Department of Homeland Security
(Customs and Border Protection),
Agency.
Request No. 0520110704
Appeal No. 0120080214
Hearing No. 510-2007-00085X
Agency No. HS-03-CBP-000482
DENIAL
Complainant timely requested reconsideration of the decision in Orlando
L. Correa v. Dep’t of Homeland Security, EEOC Appeal No. 0120080214
(Aug. 4, 2011). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to 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 complaint, Complainant alleged he was discriminated
against based on his National Origin (Hispanic) when he was subjected to
discipline and harassment. After the completion of an investigation,
Complainant requested a hearing before an EEOC Administrative Judge
(AJ). The AJ granted the Agency’s motion for a decision without
a hearing. The AJ found that Complainant failed to establish that he
was discriminated against as alleged. Complainant filed an appeal with
this Commission.
In Correa v. Dep’t of Homeland Security, EEOC Appeal No. 0120080214
(Aug. 4, 2011), the Commission concluded that the AJ appropriately
issued a decision without a hearing. Further, the Commission found
that Complainant failed to demonstrate that he was discriminated against
as alleged. Complainant requests that we reconsider this decision.
In his request for reconsideration, Complainant reiterates arguments
made previously on appeal. We remind Complainant that a “request for
reconsideration is not a second appeal to the Commission.” Equal
Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(EEO MD-110), 9-17 (November 9, 1999). Accordingly, we find that
Complainant failed to demonstrate that the appellate decision involved
a clearly erroneous interpretation of material fact or law; or will
have a substantial impact on the policies, practices, or operations of
the Agency.
After reviewing 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. 0120080214 remains the
Commission's decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0610)
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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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
with the Court 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
__12/21/11________________
Date
2
0520110704
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110704