05990839
03-08-2001
Jasper Dodson, Complainant, v. Gregory R. Dahlberg, Acting Secretary, Department of the Army, Agency.
Jasper Dodson v. Department of the Army
05990839
March 8, 2001
.
Jasper Dodson,
Complainant,
v.
Gregory R. Dahlberg,
Acting Secretary,
Department of the Army,
Agency.
Request No. 05990839
Appeal No. 01972939
Agency No. 09601G0010
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Jasper
Dodson v. Department of the Army, EEOC Appeal No. 01972939 (June 18,
1999). Complainant alleges that he was the victim of reprisal (prior
EEO activity) when his position description was not rewritten to his
satisfaction and he was not upgraded. 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).
The appellate decision affirmed the final agency decision which found
that complainant failed to establish a causal nexus between his prior
EEO activity and management's action. However, assuming a prima facie
case of reprisal was established by complainant, the agency determined
that he, nevertheless, failed to establish pretext or discriminatory
animus. Specifically, the agency found that management officials
worked with complainant to rewrite his position description a few times
in an attempt to get complainant's position upgraded. In addition,
complainant presented no persuasive evidence of retaliatory intent on
the part of the agency. Accordingly, the Commission affirmed the final
agency decision which found no discrimination.
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. We note that
complainant failed to identify any errors in the Commission's decision
in his request for reconsideration. Accordingly, the decision in EEOC
Appeal No. 01972939 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:
March 8, 2001
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
__________________
Date