05a30495
03-20-2003
Adam Currin, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Adam Currin v. Department of the Treasury
05A30495
3/20/03
.
Adam Currin,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Request No. 05A30495
Appeal No. 01A20882
Agency No. 97-3182R, 01-3068
DENIAL OF REQUEST FOR RECONSIDERATION
Adam Currin (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Adam Currin v. Department of the Treasury, EEOC Appeal
No. 01A20882 (January 21, 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 filed two formal complaints on May 19, 1998 and December 18,
2000, alleging the agency discriminated against him on the bases of race
(African-American), sex (male), age (D.O.B. 6/20/42) and reprisal (prior
EEO activity), when:
his name was omitted from a February 1997 [Collection Division]
managerial staffing chart; and
between September 2000 and November 2000, he was designated as
a transitional employee and his request for reconsideration of that
status was denied.
The prior decision found that complainant failed to establish the agency's
reasons for its actions were a pretext for 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. Complainant essentially argues
that which he raised on appeal. In his Request, he failed to rebut the
prior decision's findings as to pretext, and failed to establish that
management's actions were based on a discriminatory motive. Finding that
complainant failed to establish the prior decision involved a clearly
erroneous interpretation of material law or fact, we deny complainant's
request for reconsideration. The decision in EEOC Appeal No. 01A20882
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
3/20/03
Date