05A20924
08-27-2002
Lylton A. Collins, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Lylton A. Collins v. Department of Veterans Affairs
05A20924
August 27, 2002
.
Lylton A. Collins,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A20924
Appeal No. 01A11794
Agency Nos. 97-2275, 98-2694
DENIAL OF REQUEST FOR RECONSIDERATION
Lylton A. Collins (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Lylton A. Collins v. Department of Veterans Affairs,
EEOC Appeal No. 01A11794 (May 22, 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 the underlying complaint, complainant alleged that he was discriminated
against and harassed on the bases of race (Black) and reprisal for prior
EEO activity when: the Chief Financial Officer, his supervisor (S1),
delayed issuing his performance appraisal covering the rating period
of April 1, 1996 - March 31, 1997, thereby resulting in complainant not
receiving a bonus; he was told on October 9, 1997 that his position of
Assistant Chief, Fiscal Service would be abolished and that he should
take a buyout; he was charged AWOL for absenses on November 14 and 17,
1994; and, he did not receive a highly successful performance appraisal
for the rating period ending March 31, 1997. The Commission affirmed
the agency's final decision of no discrimination as to all issues.
In his request for reconsideration, complainant solely addresses the
issue relating to the delayed issuance of his performance appraisal.
Complainant reiterates his contention that S1 deliberately failed
to follow proper agency procedures regarding time frames, and
that therefore, S1 discriminated against him on the alleged bases.
Contrary to complainant's assertion, noncompliance with internal agency
procedures does not, by itself, establish that the agency intentionally
discriminated. We have no authority to enforce the agency's own internal
procedures where, as here, there is no evidence from which we can infer
that the agency's departure from its procedures was motivated by race
and/or reprisal discrimination.
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. 01A11794 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 27, 2002
__________________
Date