05A40194
12-23-2003
George Malone, III. Complainant, v. Michael Leavitt, Administrator, Environmental Protection Agency, Agency.
George Malone, III v. Environmental Protection Agency
05A40194
December 23, 2003
.
George Malone, III.
Complainant,
v.
Michael Leavitt,
Administrator,
Environmental Protection Agency,
Agency.
Request No. 05A40194
Appeal No. 01A24283
Agency No. 2001-0053-R6
DENIAL OF REQUEST FOR RECONSIDERATION
George Malone, III, (complainant) timely initiated a request<1> to the
Equal Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in George Malone v. Environmental Protection Agency, EEOC
Appeal No. 01A24283 (November 12, 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).
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. The decision in EEOC
Appeal No. 01A24283 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 23, 2003
__________________
Date
1We note that complainant subsequently
submitted a request to amend his complaint to include a claim of
retaliation when he was reassigned to a Superfund Practice Group Leader
position. Complainant further requested that the Commission enjoin the
agency from proceeding with the reassignment. Complainant is advised that
the Commission is without authority to provide the preliminary injunctive
relief he requests. If he has not already filed a new complaint on the
reassignment issue, he is advised that if he wishes to pursue, through the
EEO process, this additional allegation, he must contact an EEO counselor
within 15 days after he receives this decision. The Commission advises
the agency if complainant seeks EEO counseling regarding this new claim
within the above 15 day period, the date complainant filed the statement
in which he raised this allegation shall be deemed the date of initial
EEO contact, unless he previously contacted a counselor regarding this
matter, in which case the earlier date shall serve as the EEO counselor
contact date. Cf. Alexander J. Qatsha v. Department of the Navy, EEOC
Request No. 05970201 (January 16, 1998); Williams v. Department of the
Navy, EEOC Request No. 05A10183 (June 21, 2001).