05A20870_r
08-14-2002
Leroy Thompson, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Leroy Thompson v. Department of Veterans Affairs
05A20870
August 14, 2002
.
Leroy Thompson,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A20870
Appeal No. 01A15404
Agency No. 18930
DENIAL OF REQUEST FOR RECONSIDERATION
The agency timely initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Leroy
Thompson v. Department of Veterans Affairs, EEOC Appeal No. 01A15404
(April 30, 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 EEOC Appeal No. 01A15404, the Commission vacated the agency's decision
that it did not breach the August 31, 1998 settlement agreement into which
the parties entered, and remanded the matter for further processing.
In the agency's request for reconsideration, the agency asserts that
there is no information in the record indicating the positions to which
complainant is referring and which the agency is supposed to review and
provide further clarification on, pursuant to the Commission's Order
in EEOC Appeal No. 01A15404. The Commission reminds the agency that
provision 1 of the Commission's Order in EEOC Appeal No. 01A15404 states
that the agency shall, �Hold a meeting with complainant to determine
which positions complainant claims he should have received priority
consideration for pursuant to the settlement agreement.� Complying with
this provision of the Commission's Order should assist the agency in its
investigation into whether complainant was given priority consideration
for the selections at issue, as well as assist the agency in issuing
a new decision on whether provision (2)(a) of the settlement agreement
was breached.
After a review of the agency'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. 01A15404 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.
ORDER
The agency shall take the following actions within 30 days of the date
this decision becomes final:
Hold a meeting with complainant to determine which positions complainant
claims he should have received priority consideration for pursuant to
the settlement agreement.
Provide documentation indicating whether provision (2)(a) of the
settlement agreement has been breached.
Issue a decision on whether the agency breached provision 2(a) of the
settlement agreement.
A copy of the decision must be submitted to the Compliance Officer,
as referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant also has the
right to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant has the right to file a civil action on
the underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
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 14, 2002
__________________
Date