05A30679
06-12-2003
James B. Veasaw, Complainant, v. William H. Donaldson, Chairman, Securities and Exchange Commission, Agency.
James B. Veasaw v. Securities and Exchange Commission
05A30679
June 12, 2003
.
James B. Veasaw,
Complainant,
v.
William H. Donaldson,
Chairman,
Securities and Exchange Commission,
Agency.
Request No. 05A30679
Appeal No. 01A30976
Agency No. 03-01
DENIAL OF REQUEST FOR RECONSIDERATION
James B. Veasaw (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in James B. Veasaw v. Securities and Exchange Commission,
EEOC Appeal No. 01A30976 (March 24, 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).
In his underlying complaint, complainant alleged he was discriminated
against on the bases of sex (male), race (Caucasian), disability (learning
disabled), and age (44 at relevant time), in violation of Title VII of
the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e
et seq., the Age Discrimination in Employment Act of 1967 (ADEA), as
amended, 29 U.S.C. � 621 et seq., and Section 501 of the Rehabilitation
Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
Complainant alleged he was subject to unlawful discrimination when he
was deemed not qualified by the agency for the positions of Internet
Surveillance Specialist or Computer Specialist. In its final agency
decision (FAD), the agency dismissed complainant's complaint for
untimely EEO Counselor contact pursuant to 29 C.F.R. � 1614.107(a)(2).
The Commission affirmed the FAD, finding that complainant failed to
present any persuasive arguments for why the time limit for initiating
Counselor contact should be extended.
In his request for reconsideration, complainant again fails to adduce
any evidence as to why the 45-day time limit for initiating contact
with an EEO Counselor should be waived in the instant complaint.
Thus, 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. 01A30976 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
June 12, 2003
__________________
Date