05A40645
04-28-2004
Michael D. Deruise, Complainant, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.
Michael D. Deruise v. Department of the Army
05A40645
April 28, 2004
.
Michael D. Deruise,
Complainant,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Request No. 05A40645
Appeal No. 01A40742
Agency No. ARCORPUS02NOV0038
Hearing No. 360-2003-08341X
DENIAL OF REQUEST FOR RECONSIDERATION
Michael D. Deruise (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Michael D. Deruise v. Department of the Army, EEOC
Appeal No. 01A40742 (March 15, 2004). 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). However, we remind complainant that a �request
for reconsideration is not a second appeal to the Commission.� Equal
Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(rev. Nov. 9, 1999), at 9-17.
In his complaint, complainant alleged that he was discriminated against
based on his race (Black) and in reprisal for prior EEO activity
(arising under Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq.) when, between August 26, 2002,
and November 6, 2002, he was subjected to harassment by supervisors.
In our previous decision, we affirmed the Administrative Judge's (AJ)
issuance of a decision without a hearing finding no discrimination.
The AJ found that complainant failed to establish a prima facie case
of harassment because complainant failed to provide any evidence
which might indicate that management's actions were motivated by
discriminatory animus towards complainant's race or prior EEO activity.
In his request, complainant restates the same arguments as on appeal.
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question, and complainant has
offered no persuasive reason why this decision should be reconsidered now.
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. 01A40742 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:
April 28, 2004
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations