05A30016
12-12-2002
Harold A. Miller, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Harold A. Miller v. Department of Veterans Affairs
05A30016
December 12, 2002
.
Harold A. Miller,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A30016
Appeal No. 01A22339
Agency No. 2001-2253
Hearing No. 110-A1-8196X
DENIAL OF REQUEST FOR RECONSIDERATION
Harold A. Miller (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Harold A. Miller v. Department of Veterans Affairs, EEOC
Appeal No. 01A22339 (June 20, 2002). 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 his underlying complaint, complainant alleged he was discriminated
against on the bases of sex (male) and race (African-American), in
violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq., when on January 13, 2000, he was
discharged from his position as Purchasing Agent, Prosthetics Department,
at the Atlanta Area Medical facility, in Decatur, Georgia. An EEOC
Administrative Judge (AJ) held a hearing and issued a decision finding
that assuming, arguendo, complainant established a prima facie case on
the bases of race and sex, the agency nonetheless articulated legitimate,
nondiscriminatory reasons for terminating complainant. Specifically,
that complainant was terminated due to specific deficiencies in his
performance. The AJ concluded that complainant failed to show that this
legitimate, nondiscriminatory reason was mere pretext for discriminatory
animus toward his race or sex. The agency's final agency decision (FAD)
adopted the findings of the AJ. On appeal, the Commission affirmed
the FAD.
In his request for reconsideration, complainant makes numerous
contentions, including allegations of AJ error, and false testimony
by management officials. After a review of complainant's request
for reconsideration, the previous decision, and the entire record, we
find that the AJ's decision properly summarized the relevant facts and
referenced the appropriate regulations, policies, and laws. As such,
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. 01A01922
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 12, 2002
__________________
Date