05A31037
10-28-2003
Rodney B. Royster, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Rodney B. Royster v. Department of Veterans Affairs
05A31037
10-28-03
.
Rodney B. Royster,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A31037
Appeal No. 01A22667
Agency No. 200P-2952
DENIAL OF REQUEST FOR RECONSIDERATION
On July 15, 2003, Rodney B. Royster (complainant) timely initiated
a request to the Equal Employment Opportunity Commission (EEOC
or Commission) to reconsider the decision in Rodney B. Royster
v. Department of Veterans Affairs, EEOC Appeal No. 01A22667 (June
17, 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).
Complainant maintained that he was discriminated against on the basis of
race (African-American) when, he was not selected for the positions of
Computer Specialist, GS-334-11, Merit Promotion Announcement No. 01-044,
and Computer Specialist, GS-334-11, Merit Promotion Announcement
No. 01-046. After an investigation, complainant requested a final
decision without a hearing. The agency issued a decision finding no
discrimination. The previous decision affirmed the agency's decision.
In his request for reconsideration, complainant argues that the scores
that he received on certain questions during the interview process
were lower than they should have been based on his qualifications.
According to complainant, the failure of the agency to rate him higher
on these questions is evidence of racial discrimination. 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. Furthermore, we find no justification
for reconsidering the previous decision on our motion. In this regard,
we note that complainant has not established that his race played any
role in his non-selections. Assuming, arguendo, that complainant should
have received higher scores on the questions that he referenced, there
is no evidence that the agency's failure to do so was based on a desire
to discriminate against complainant because he is Black. The decision
in EEOC Appeal No. 01A22667 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
____10-28-03______________
Date