0120082845
11-10-2008
Richard Hage, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.
Richard Hage,
Complainant,
v.
Dr. James B. Peake,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 0120082845
Agency No. 200P-0691-2008102028
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure to
state a claim. In his complaint dated May 12, 2008, complainant alleged
discrimination on basis (unspecified) when since 2006 to present: his
request for reimbursement for educational expenses was denied; he was
detailed to the Director's Office; he was denied specialized training
for his position; he was not selected to participate in the Leadership
Development Internship Program; and he was not selected for the position
of Special Assistant to Chief of Surgery.
The record clearly indicates that complainant identified no specific
basis of discrimination for the alleged incidents, at issue here, during
his EEO counseling or in his formal complaint. On appeal, complainant,
noting his previous complaint which was subsequently resolved, admits
that at the time of this instant complaint, "[j]ust as [he] couldn't
possibly be sure what may have caused [an identified managerial official]
to discriminate against [him] the first time, [he] couldn't be sure the
second time. . . . [He] can't possibly speak on someone else's actions
and intentions with great certainty. That question should be asked to
the person [he is] filing against." Complainant also indicates that he
"can only speculate" without certainty that he was wronged because of his
race and/or reprisal. Based on the foregoing, the Commission finds that
complainant has clearly failed in his complaint to identify a specific
basis of discrimination that falls within the purview of the regulations.
Accordingly, the agency's final decision dismissing complainant's
complaint is AFFIRMED.1
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0408)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must 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 timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. 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. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0408)
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. 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 (Z1008)
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
11/10/08
__________________
Date
1 Although the agency also dismissed a portion of the complaint due
to untimely EEO Counselor contact, we do not address such grounds for
dismissal in this decision because we are affirming the dismissal of
the entire complaint for failure to state a claim.
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0120082845
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036