0520110373
08-26-2011
Chris Ramlochan, Complainant, v. Gary Locke, Secretary, Department of Commerce (Bureau of the Census), Agency.
Chris Ramlochan,
Complainant,
v.
Gary Locke,
Secretary,
Department of Commerce
(Bureau of the Census),
Agency.
Request No. 0520110373
Appeal No. 0120111108
Agency No. 10-63-02779D
DENIAL
Complainant timely requested reconsideration of the decision in Chris
Ramlochan v. Department of Commerce, EEOC Appeal No. 0120111108 (February
14, 2011). 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).
In our previous decision, we affirmed the Agency’s dismissal of
Complainant’s formal EEO complaint on the ground of untimely EEO
Counselor contact. Ramlochan, EEOC Appeal No. 0120111108. On request to
reconsider, Complainant submits a copy of a telephone log showing that a
call was placed from a specified telephone number to the telephone number
for the Agency’s “Payroll Hotline for Federal Employees” on June 8,
2010, which was within 45 days of the date of alleged discrimination.
We note, however, that the document does not establish by whom the
call was placed, by whom the call was received, nor the content of the
conversation therein. Given that the call was placed to a payroll hotline
rather than, for example, the Agency’s EEO Office, there is no basis
to infer that the call was related to an EEO matter. We conclude that
Complainant’s request establishes neither that the appellate decision
involved a clearly erroneous interpretation of material fact or law,
nor that 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).
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. 0120111108 remains
the Commission's 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 (P0610)
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 (Z0610)
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
August 26, 2011
Date
2
***Request number TX***
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110373