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