05A30745
05-29-2003
Paul A. Thomas, Complainant, v. Christine Todd Whitman, Administrator, Environmental Protection Agency, Agency.
Paul A. Thomas v. Environmental Protection Agency
05A30745
May 29, 2003
.
Paul A. Thomas,
Complainant,
v.
Christine Todd Whitman,
Administrator,
Environmental Protection Agency,
Agency.
Request No. 05A30745
Appeal No. 01A21029
Agency No. 1998-0084-R5
Hearing No. 210-AO-6315X
DENIAL OF REQUEST FOR RECONSIDERATION
Paul A. Thomas (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Paul A. Thomas v. Environmental Protection Agency, EEOC
Appeal No. 01A21029 (April 7, 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).
In his complaint, complainant alleged that he was discriminated against
on the bases of sex (male) and race (Caucasian) when on December 30,
1997, the agency failed to select him for either of two State Program
Manager Environmental Protection Specialist, GS-13, positions.
In the previous decision, the Commission found that complainant failed to
show that the agency's action was motivated by unlawful discrimination,
and therefore we concluded that the AJ's finding of no discrimination was
supported by substantial evidence. We concluded that the AJ correctly
found that there was no direct evidence of discrimination and that
the agency presented legitimate, non-discriminatory reasons for its
actions that were not persuasively rebutted by complainant as pretexts
for unlawful discrimination. Specifically, we found that the record
supports the agency's allegations that the selecting officials made
their selections solely on the basis of qualifications.
We also found that selectees performed very well during their interviews
and demonstrated the highest degree of understanding about the concepts
of National Environmental Performance Partnership System. In contrast,
we found that complainant performed poorly in the interview.
In the instant request for reconsideration, complainant asserts that
he shows direct evidence of discrimination, and that there is no
requirement that an affirmative action plan has to be �illegal� in
order to find direct evidence of discrimination. However, complainant
raises no argument or evidence that was not previously considered in
the prior decision. Having considered the evidence of the record and
complainant's submission, we find that complainant failed to show that
the appellate decision involved a clearly erroneous interpretation
of law or would have a substantial impact on the policies, practices,
or operations of the agency.
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. 01A21029 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
May 29, 2003
__________________
Date