05980965
12-06-2000
Benny M. Prudente, Complainant, v. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.
Benny M. Prudente v. Department of Veterans Affairs
05980965
December 6, 2000
.
Benny M. Prudente,
Complainant,
v.
Hershel W. Gober,
Acting Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05980965
Appeal No. 01966199
Agency No. 93-0304
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Benny
M. Prudente v. Department of Veterans Affairs, EEOC Appeal No. 01966199
(June 19, 1998).<1> 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, employed by the agency as a Supply Clerk (GS-3) at the
time of the alleged discriminatory event, filed a formal complaint on
November 29, 1993, in which he alleged discrimination based on sex (male),
disability (muscle atrophy in left leg, drop foot, weak ankle and knee),
and age (68) when, in October 1993, he was not selected for the position
of Program Clerk (GS-5) in either Nursing Service or Medical Service,
both advertised in Vacancy Announcement No. 93-26.
The agency accepted the complaint and conducted an investigation. At the
conclusion of the investigation, when complainant failed to file a timely
request for a hearing before an EEOC
administrative judge, the agency issued a final decision finding no
discrimination. Our previous decision, after considering complainant's
arguments and reviewing the record, found that the agency had not engaged
in discrimination as alleged.
Assuming that complainant established a prima facie case of discrimination
based on sex, disability,<2> and age, 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. 01966199 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 6, 2000
__________________
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2Although the previous decision found that complainant was not a person
with a disability, the counselor's report indicates complainant has a
�known� disability. Nonetheless, there is no information in the file
indicating how complainant is substantially limited.