01a03072
06-28-2000
Richard S. Plecha, Complainant, v. Bruce Babbitt, Secretary, Department of the Interior, Agency.
Richard S. Plecha v. Department of the Interior
01A03072
June 28, 2000
Richard S. Plecha, )
Complainant, )
)
v. ) Appeal No. 01A03072
) Agency No. FNP99076
Bruce Babbitt, )
Secretary, )
Department of the Interior, )
Agency. )
______________________________)
DECISION
In accordance with 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified
at 29 C.F.R. � 1614.405), the complainant's appeal from the agency's
final decision in the above-entitled matter has been accepted by
the Commission.<1> The issues on appeal are whether complainant was
discriminated against based on his age (59) when: (1) in December 1998,
he was not selected for the position of Park Ranger (Interpretation/Career
Seasonal), GS-0025-5/7/9; and, (2) on February 18, 1999, he was not
selected for the position of Park Ranger (Interpretation/Career Seasonal),
GS-0025-5/7/9.
In its final decision, the agency referenced the Supervisory Park Ranger's
(the Ranger's) testimony that, regarding the first position, the agency
was seeking an individual with a strong natural history background.
According to the agency, complainant's experience was in cultural history
and his educational degree was geared toward behavioral science. The
agency noted that the selecting official reiterated the Ranger's testimony
that the first position called for an individual with a strong science
and research background, which the selectee possessed.
Concerning the second position, the agency cited the Ranger's and the
SO's testimony that the agency was seeking someone with strong computer
and organization and writing skills, and with a strong background in
administration. The agency stated that complainant's application was not
especially strong in these areas but that the selectee's qualifications
for this position "stood out."
The agency found that complainant established a prima facie case
of discrimination based on age. The agency also concluded that it
articulated legitimate, nondiscriminatory reasons for the nonselections,
as discussed above. Finally, the agency found that complainant did not
present evidence that the articulated reasons were pretextual.
After careful review of the record, the Commission concludes that the
agency properly found that complainant was not discriminated against
based on his age. Complainant argued that the agency discriminated a
great deal against older individuals. However, complainant failed
to present evidence which proved that the agency's reasons for the
nonselections were unworthy of belief or that his age motivated the
agency in their decisions. Accordingly, after careful review of the
record in its entirety, including consideration of complainant's appeal
statements and arguments and evidence not specifically stated herein,
it is the decision of the Equal Employment Opportunity Commission to
AFFIRM the agency's final decision because the preponderance of the
evidence of record does not establish that discrimination occurred.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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 (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:
06-28-00
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
1 On November 9, 1999, revised regulations governing EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed.Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.