Nicholas R. Collins, Complainant,v.Eric H. Holder, Jr., Attorney General, Department of Justice, Agency.

Equal Employment Opportunity CommissionOct 2, 2009
0520090084 (E.E.O.C. Oct. 2, 2009)

0520090084

10-02-2009

Nicholas R. Collins, Complainant, v. Eric H. Holder, Jr., Attorney General, Department of Justice, Agency.


Nicholas R. Collins,

Complainant,

v.

Eric H. Holder, Jr.,

Attorney General,

Department of Justice,

Agency.

Request No. 0520090084

Appeal No. 0120070143

Agency No. P20020283

DENIAL

Complainant timely requested reconsideration of the decision in Nicholas

R. Collins v. Department of Justice (Federal Prisons), EEOC Appeal

No. 0120070143 (August 14, 2008). 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, complainant alleged that the agency subjected

him to unlawful discrimination in violation of the Age Discrimination

in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.,

on the basis of his age (51 at the relevant time) when management

reassigned him to another position after he refused an offer from

management to relocate or retire. The agency's final decision (FAD)

found that assuming, arguendo, complainant established a prima facie case

of age discrimination, the agency nonetheless articulated legitimate,

nondiscriminatory reasons for its actions. The FAD further found that

complainant failed to show that these articulated reasons were a pretext

for unlawful age discrimination. On appeal, the Commission affirmed

the FAD.

In his request for reconsideration, complainant reiterates his arguments

made on appeal. 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. Complainant failed to present any argument or

evidence that would establish that the prior decision involved a clearly

erroneous interpretation of material fact or law. The decision in EEOC

Appeal No. 0120070143 remains the Commission's 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 (P0408)

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 (Z1008)

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 from the Court that

the Court appoint an attorney to represent you and that the Court also

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 with

the Court 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

October 2, 2009

__________________

Date

2

0520090084

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520090084