05A30053
12-18-2002
Thomas Stanton, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Thomas Stanton v. Social Security Administration
05A30053
December 18, 2002
.
Thomas Stanton,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Request No. 05A30053
Appeal No. 01A13108
Agency Nos. 99-0219-SSA, 99-0436-SSA
Hearing No. 310-AO-5136X
DENIAL OF REQUEST FOR RECONSIDERATION
Thomas Stanton (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Thomas Stanton v. Social Security Administration, EEOC
Appeal No. 01A13108 (August 27, 2002). 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 he was discriminated
against on the bases of race/national origin (White), sex, and reprisal
for prior EEO activity in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq., and
age (D.O.B. April 23, 1950) in violation of the Age Discrimination
in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.,
when the agency failed to select him for three separate GS-15 Supervisory
General Attorney positions. The complainant requested a hearing before
an EEOC Administrative Judge (AJ). Following the hearing, the AJ issued a
decision finding no discrimination. The agency adopted the AJ's decision.
The Commission affirmed the finding of no discrimination because
complainant failed to establish, by a preponderance of the evidence,
that the agency's articulated legitimate, nondiscriminatory reasons
for not selecting complainant were pretexts for discrimination. In his
request for reconsideration, complainant's sole contention is that the
Commission erroneously applied the substantial evidence test to the AJ's
factual findings which resulted in an erroneous interpretation of the law.
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. Complainant has not
demonstrated that the alleged errors involved a clearly erroneous
interpretation of material fact or law. The decision in EEOC Appeal
No. 01A13108 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
December 18, 2002
__________________
Date