0520090318
06-04-2009
Lee E. Chatman, Complainant, v. Robert M. Gates, Secretary, Department of Defense (Army & Air Force Exchange Service), Agency.
Lee E. Chatman,
Complainant,
v.
Robert M. Gates,
Secretary,
Department of Defense
(Army & Air Force Exchange Service),
Agency.
Request No. 0520090318
Appeal No. 0120090472
Agency No. AAFES08019
DENIAL
Complainant timely requested reconsideration of the decision in
Lee E. Chatman v. Army & Air Force Exchange Service, EEOC Appeal
No. 0120090472 (February 26, 2009). EEOC Regulations provide that the
Commission may, in its discretion, grant a request to 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 alleged discriminated based on his race (African-American),
sex (male), age (over 40), disability (learning disability and
eye sensitivity), and in reprisal for prior protected EEO activity
when he was subjected to a hostile work environment which led to his
forced retirement. In our previous decision we found that complainant
failed to establish by a preponderance of the evidence that he was
discriminated against. Specifically, we found that an essential function
of complainant's position was using a computer. We also found that even
assuming without so finding that complainant was an individual with
a disability, he was not qualified for the position because he could
not perform the essential functions of the position with or without
a reasonable accommodation. Further, complainant failed to establish
that the alleged incidents were severe enough to establish harassment,
or that any of the conduct was related to a protected basis. As a result,
we affirmed the agency's decision finding no discrimination.
After reconsidering the previous decision and the entire record,
including complainant's statement in which he requested reconsideration,
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. 0120090472 remains the
Commission's decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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 4, 2009
Date
2
0520090318
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090318