05A31224
12-01-2003
Charles Anderson, Complainant, v. Donald L. Evans, Secretary, Department of Commerce, Agency.
Charles Anderson v. Department of Commerce
05A31224
December 1, 2003
.
Charles Anderson,
Complainant,
v.
Donald L. Evans,
Secretary,
Department of Commerce,
Agency.
Request No. 05A31224
Appeal No. 01A30203
Agency No. 01-56-12
Hearing No. 100-A2-7598X
DENIAL OF REQUEST FOR RECONSIDERATION
Charles Anderson (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Charles Anderson v. Department of Commerce, EEOC
Appeal No. 01A30203 (July 29, 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).
In the underlying complaint, complainant contended that he was
discriminated against on the bases of race (African American), sex
(male), and age (DOB: 9/12/42) in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.,
and the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq., when he was constructively discharged and
after his resignation the agency restricted his access to its premises.
On October 11, 2002, the Administrative Judge (AJ) issued a decision,
without a hearing, finding no discrimination. On October 28, 2002,
the agency issued its final order fully implementing the AJ's decision.
Our prior appellate decision affirmed this finding.
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. In reaching
this conclusion, we note that complainant has failed to produce any
evidence that would show that our prior decision was based on an erroneous
interpretation of material fact or law. In addition, complainant failed
to produce any evidence that would show that our prior decision will have
a substantial impact on the policies, practices, or operations of the
agency. The decision in EEOC Appeal No. 01A30203 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 1, 2003
__________________
Date