05a40710
08-25-2004
Jaime H. Hernandez, Complainant, v. Stephen A. Perry, Administrator, General Services Administration, Agency.
Jaime H. Hernandez v. General Services Administration
05A40710
August 25, 2004
.
Jaime H. Hernandez,
Complainant,
v.
Stephen A. Perry,
Administrator,
General Services Administration,
Agency.
Request No. 05A40710
Appeal No. 01A35157
Agency No. 03R7FSSJHH9(1)
DENIAL OF REQUEST FOR RECONSIDERATION
Jaime H. Hernandez (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Jaime H. Hernandez v. General Services Administration,
EEOC Appeal No. 01A35157 (March 31, 2004). 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).
Complainant filed a formal complaint claiming that he was the victim
of unlawful employment discrimination when his supervisor attacked his
credibility and integrity; questioned the use of his sick leave; and
threatened to close his office. The agency dismissed the complaint for
failure to state a claim. The previous decision affirmed the agency's
dismissal, finding that complainant failed to show that he suffered a
harm or loss regarding a term, condition or privilege of his employment.
In his request for reconsideration, complainant argues that not only
was his credibility attacked and threats made to close his office, but
that he was also denied training. Complainant contends that the denied
training due to his prior EEO activity states a claim of discrimination.
The record reveals that complainant's argument regarding training
was previously raised in his appeal and considered by the Commission.
In his appeal, complainant argued that he was not selected for the Advance
Development Leadership Program (ADLP). The Commission finds, however,
that the training issue is not reflected in the EEO Counselor's Report.
Moreover, in the July 18, 2003 letter which complainant utilized as
his formal complaint, he described alleged incidents of harassment,
particularly relating to attacks on his credibility and integrity.
According to the formal complaint, the agency official also questioned
his use of sick leave and threatened to close his office. On the second
page of the complaint letter, in small print under the heading �Issues
of Concern�, complainant lists several items which includes �ADLP non
selection.� We find that the agency properly framed the formal complaint
to not include the training matter, which is not prominently featured in
the complaint, but rather listed in fine print as an �issue of concern.�
Therefore, 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. 01A35157 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
August 25, 2004
__________________
Date