0520090399
07-01-2009
Barry A. Ormond, Complainant, v. Michael B. Mukasey, Attorney General, Department of Justice, Agency.
Barry A. Ormond,
Complainant,
v.
Michael B. Mukasey,
Attorney General,
Department of Justice,
Agency.
Request No. 0520090399
Appeal No. 0120071091
Hearing No. 120200500275X
Agency No. P20040193
DENIAL
Complainant timely requested reconsideration of the decision in Barry
A. Ormond v. Department of Justice (Federal Prisons), EEOC Appeal
No. 0120071091 (March 19, 2009). 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).
Complainant alleged discrimination on the bases of sex (male) and in
reprisal for prior protected EEO activity when he was not selected for
a Correctional Program Specialist (EEO Investigator) position. In our
previous decision, we agreed with the agency's final decision finding that
complainant failed to establish that he was subjected to discrimination as
alleged. Specifically, we found that the agency articulated legitimate,
nondiscriminatory reasons for the non-selection. We also found that
complainant failed to establish by a preponderance of the evidence
that the agency's articulated reasons were pretext for discrimination.
Specifically, we found that complainant failed to establish that his
qualifications were plainly superior to the selectee's qualifications,
or that the agency's action was motivated by discrimination.
In his request for reconsideration, complainant reiterates many of the
same arguments that were previously raised on appeal. 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. 0120071091 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 (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
July 1, 2009
Date
2
0520090399
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090399