Domenic L. Amato, Complainant,v.John McHugh, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionNov 5, 2009
0520090684 (E.E.O.C. Nov. 5, 2009)

0520090684

11-05-2009

Domenic L. Amato, Complainant, v. John McHugh, Secretary, Department of the Army, Agency.


Domenic L. Amato,

Complainant,

v.

John McHugh,

Secretary,

Department of the Army,

Agency.

Request No. 0520090684

Appeal No. 0120070270

Agency No. AREUVICEN06MAR2378

DENIAL

Complainant requested reconsideration of the decision in Domenic L. Amato

v. Department of the Army, EEOC Appeal No. 0120070270 (June 18, 2009).1

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 prior decision, the Commission found that the agency's dismissal

of the complaint was proper pursuant to 29 C.F.R. � 1614.107(a)(1).

Specifically, claim 1 states the same claim that has been decided by

the agency and the Commission in Amato v. Department Army, EEOC Appeal

No. 0120064457, request to reconsider, EEOC Request No. 0520070240

(July 18, 2007). The Commission also concluded that claims 2 through 6

raise the same claims previously raised by complainant in EEOC Appeal

No. 0120071342.

In his request for reconsideration, complainant asserts that he was

not granted the opportunity to "tell my story." However, complainant

fails to establish either of the criteria that would support a request

for reconsideration.

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. Complainant failed to present any argument or evidence that

would establish that the prior decision involved a clearly erroneous

interpretation of material fact or law. The decision in EEOC Appeal

No. 0120070270 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 (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

November 5, 2009

__________________

Date

1 The Commission notes that complainant filed the instant request on

September 18, 2009, beyond the 30-day limitation period proscribed by

EEOC's regulations. However, complainant alleged that he received the

Commission's final decision in September 2009 because he was on military

duty away from his permanent residence; and the letter was "damaged in

handling by the Postal Service" and "had to be resealed in a covering

envelope before it could be re-mailed" to him. Therefore, given the

circumstances of this case, we exercise our discretion to consider the

instant request.

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0520090684

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013