Robert M. Johnson, Complainant,v.Donald L. Evans, Secretary, Department of Commerce, Agency.

Equal Employment Opportunity CommissionJun 26, 2001
05A10352 (E.E.O.C. Jun. 26, 2001)

05A10352

06-26-2001

Robert M. Johnson, Complainant, v. Donald L. Evans, Secretary, Department of Commerce, Agency.


Robert M. Johnson v. Department of Commerce

05A10352

June 26, 2001

.

Robert M. Johnson,

Complainant,

v.

Donald L. Evans,

Secretary,

Department of Commerce,

Agency.

Request No. 05A10352

Appeal No. 01997122

Agency No. 97-63-0100

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in

Robert M. Johnson v. Department of Commerce, EEOC Appeal No. 01997122

(January 24, 2001). 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 underlying complaint, complainant alleged that the agency

discriminated against him on the basis of age when the agency failed

to select him for the position of Supervisory Accounting Specialist,

GS-0501-13. In his request, complainant points out that the selecting

official (SO) justified rating complainant lower than the three

selectees based on undocumented interviews with the branch chiefs.

Complainant contends that these interviews do not comport with the

official year-end ratings by claimant's supervisors and their highly

favorable comments about him, which he submits as evidence that he was

discriminated against. The agency contends that complainant's request

does not meet any of the criteria for reconsidering the appeal decision.

After a review of the complainant's request for reconsideration, the

previous decision, and the entire record, the Commission thus 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. 01997122 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

June 26, 2001

Date