05a50744
05-10-2005
Michael R. West, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Michael R. West v. Department of Veterans Affairs
05A50744
05-10-05
.
Michael R. West,
Complainant,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A50744
Appeal No. 01A45819
Agency No. 200403722004102
DENIAL
Michael R. West (complainant) timely requested reconsideration of the
decision in Michael R. West v. Department of Veterans Affairs, EEOC
Appeal No. 01A45819 (February 23, 2005). 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).
In his underlying complaint, complaint alleged that he was discriminated
against in violation of Title VII of the Civil Rights Act of 1964 (Title
VII), as amended, 42 U.S.C. � 2000e et seq., and the Age Discrimination
in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
In its final action, the agency determined that complainant was attempting
to apply to the vocational Rehabilitation Program, Chapter 31, Title VI,
work study program; a program that is not subject to Title VII and ADEA
requirements. Therefore, the agency concluded that complainant was not
protected from employment discrimination under Title VII or the ADEA.
On appeal, we affirmed the agency's finding because we determined that
complainant failed to state a claim. Since complainant was a beneficiary
of an agency rehabilitation program, he failed to establish that he
suffered a harm or loss with respect to a term, condition or privilege
of employment for which there is a remedy.
In his request for reconsideration, complainant alleges that the appellate
decision will have a substantial impact on the policies, practices,
or operations of the agency. Specifically, complainant states that
despite his numerous requests for an application to the program, the
agency's failure to provide him with an application demonstrates how the
agency can discriminate against candidates without any consequences.
Complainant requests that we extend our jurisdiction to cover those
individuals who are in the Title VI program. However, after reconsidering
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 EEOC does not
have authority to extend our jurisdiction to cover those programs that
are excluded from Title VII or ADEA scrutiny. Therefore, the decision
in EEOC Appeal No. 01A45819 remains the Commission's final 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 (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
____05-10-05______________
Date