05991000
05-30-2001
Francis Susie Jr., Complainant, v. Gregory R. Dahlberg, Acting Secretary, Department of the Army, Agency.
Francis Susie Jr. v. Department of the Army
05991000
May 30, 2001
.
Francis Susie Jr.,
Complainant,
v.
Gregory R. Dahlberg,
Acting Secretary,
Department of the Army,
Agency.
Request No. 05991000
Appeal No. 01975588
Agency No. 9403E0060; 9706H0060
Hearing No. 100-95-7433X; 100-95-7434X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Francis
Susie Jr. v. Department of the Army, EEOC Appeal No. 01975588 (July
2, 1999). 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 based on his age (52) and in reprisal for prior
EEO activity<1> when his supervisor: (1) threatened to fire him in a
profane manner after complainant stated that he was filing a grievance;
(2) made defaming and derogatory statements in several counseling letters;
(3) failed to forward telephone messages to complainant; (4) assigned
complainant to an extended Temporary Duty assignment with only two days
notice; and (5) created a hostile work environment. Following a hearing,
an EEOC Administrative Judge (AJ) found complainant failed to establish
a prima facie case of harassment based on either age or reprisal, and
the AJ's finding of no discrimination was adopted in the final agency
decision, which was affirmed by this Commission in the prior decision
In his request for reconsideration, complainant contends that he has
new and material evidence based on his subsequent removal from federal
service, and the finding of an EEOC Administrative Judge in another
case that complainant's supervisor retaliated against a co-worker who
testified on complainant's behalf at the hearing in the instant case.
After a review of the 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. The decision
in EEOC Appeal No. 01975588 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
May 30, 2001
__________________
Date
1The record indicates that complainant participated in prior protected
activity, but it is unclear under which statute such activity occurred.