05990377
12-22-2000
Christopher S. Reyes, Complainant, v. Kenneth S. Apfel, Commissioner, Social Security Administration, Agency.
Christopher S. Reyes v. Social Security Administration
05990377
December 22, 2000
.
Christopher S. Reyes,
Complainant,
v.
Kenneth S. Apfel,
Commissioner,
Social Security Administration,
Agency.
Request No. 05990377
Appeal No. 01975743
Agency No. SSA-204-95
Hearing No. 340-96-3519X
DECISION ON REQUEST FOR RECONSIDERATION
On February 12, 1999, Christopher S. Reyes (complainant) timely
initiated a request to the Equal Employment Opportunity Commission
(EEOC or Commission) to reconsider the decision in Christopher S. Reyes
v. Social Security Administration, EEOC Appeal No. 01975743 (January
15, 1999).<1> EEOC regulations provide that the Commissioners may,
in their discretion, reconsider any previous Commission decision.
29 C.F.R. � 1614.405(b). The party requesting reconsideration must
submit written argument or evidence which tends to establish one or more
of the following two criteria: the appellate decision involved a clearly
erroneous interpretation of material fact or law; or the decision will
have a substantial impact on the policies, practices or operations of
the agency. Id.
The complainant filed an EEO complaint alleging that he was discriminated
against based on his national origin (Hispanic), sex (male) and reprisal
for engaging in EEO activity when he was terminated in January 1995,
during his probationary period. An EEOC Administrative Judge issued a
recommended decision finding no discrimination. The agency then issued a
final decision adopting the recommended decision. The previous decision
affirmed.
In response to the complainant's request for reconsideration, the agency
informed the Commission that the complainant had filed a civil action on
this matter. The Commission notes that on April 26, 1999, the complainant
filed civil action 99-CV-04005 with the United States District Court for
the Central District of California, Western Division. The claim therein
is the same as that raised in the instant administrative complaint.
According to the court's computerized case docket, the civil action was
dismissed with prejudice by stipulation for compromise settlement and
order on September 9, 2000. Under 29 C.F.R. � 1614.107(a)(3)), an agency
must dismiss a complaint that is the basis of a civil action decided by
a United States District Court in which the complainant was a party.
This regulation is applicable here. The complainant's request for
reconsideration is denied. The Commission on its own motion dismisses
the complainant's administrative claim.
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 22, 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.