05A30367
03-13-2003
Mark G. Schoenberg, Complainant, v. Stephen A. Perry, Administrator, General Services Administration, Agency.
Mark G. Schoenberg v. General Services Administration
05A30367
March 13, 2003
.
Mark G. Schoenberg,
Complainant,
v.
Stephen A. Perry,
Administrator,
General Services Administration,
Agency.
Request No. 05A30367
Appeal No. 01A14473
Agency No. GSACO990037
DENIAL OF REQUEST FOR RECONSIDERATION
Mark G. Schoenberg (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Mark Schoenberg v. General Services Administration, EEOC
Appeal No. 01A14473 (November 26, 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 his underlying complaint, complainant alleged that he was discriminated
against on the bases of race (Caucasian), sex (male), disability (injury
and heart condition), and age (D.O.B. November 22, 1947), in violation
of Title VII of the Civil Rights Act of 1964 (Title VII), as amended,
42 U.S.C. � 2000e et seq., Section 501 of the Rehabilitation Act of
1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., and
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq., when, effective April 4, 1999, he was laterally
reassigned to the position of Senior Advisor, Office of Government Wide
Policy, ES-301-04. In the agency's final decision, the agency found
no discrimination. The Commission affirmed the agency's decision,
concurring in the finding that complainant failed to establish, by a
preponderance of the evidence, that he was subjected to unlawful race,
sex, disability, or age discrimination.
In his request for reconsideration, complainant contends that there
was an erroneous interpretation of material fact by the Commission.
He argues that the Commission's decision in Appeal Number 01A14473 does
not refer to the evidence that he presented in support of his appeal of
the agency's final decision, and that the Commission ignored his claim
of disability discrimination. Complainant also maintains that the
Commission gave more consideration to the SES reassignment procedures
than to the EEO laws that this Commission enforces, and that if the
decision in Appeal Number 01A14473 remains standing, there will be a
negative impact on the policies, practices, or operations of the agency.
Although all of complainant's arguments on appeal may not have been
discussed in the Commission's decision in Appeal Number 01A14473, all
arguments were considered by the Commission, including the arguments
raised in complainant's September 27, 2001 statement in support of
his appeal. Furthermore, the Commission evaluated complainant's claims
pursuant to the EEO laws upon which complainant's claims were predicated:
Title VII, the ADEA, and the Rehabilitation Act. We do not find that the
Commission's decision in Appeal Number 01A14473 will have a substantial
impact on the policies, practices, or operations of the agency, as argued
by complainant.
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. 01A14473 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
March 13, 2003
__________________
Date