05a50927
11-16-2005
Rick C. Bard, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Rick C. Bard v. Department of Veterans Affairs
05A50927
November 16, 2005
.
Rick C. Bard,
Complainant,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A50927
Appeal No. 01A50015
Agency Nos. 200I-0573-2003100261; 200I-0573-2003101400
Hearing Nos. 150-2004-00131X; 150-2004-00132X
DENIAL
Rick C. Bard (complainant) timely requested reconsideration of the
decision in Rick C. Bard v. Department of Veterans Affairs, EEOC Appeal
No. 01A50015 (May 6, 2005). 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 his formal complaint, complainant alleged that the agency discriminated
against him, in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., on the bases of his
race (Native American), sex, and in reprisal for prior protected EEO
activity when he was subjected to a hostile work environment. Following
an investigation, an EEOC Administrative Judge issued a decision without
a hearing finding no discrimination. The AJ concluded that viewing the
evidence in a light most favorable to complainant, he failed to establish,
by a preponderance of the evidence, that any of the agency's actions were
motivated by discriminatory or retaliatory animus toward his protected
classes. The agency's final order implemented the AJ's finding of no
discrimination, and on appeal the Commission affirmed the final order.
In his request, complainant makes numerous contentions regarding the
credibility of statements made by his supervisor, and alleges that
the agency has a "hidden agenda" to remove him from his position and
protect upper management. Complainant does not, however, put forth any
arguments or evidence to show that the agency's actions in the instant
complainant were taken because of his race, sex, or prior EEO activity.
Accordingly, after reconsidering 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. 01A50015 remains the
Commission's final 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 (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
November 16, 2005
__________________
Date