05980600
10-31-2000
Pai-Ho Huang, Complainant, v. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.
Pai-Ho Huang v. Veterans Administration
05980600
October 31, 2000
.
Pai-Ho Huang,
Complainant,
v.
Hershel W. Gober,
Acting Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05980600
Appeal No. 01965319
Agency No. 951107
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Pai-Ho
Huang v. Veterans Administration, EEOC Appeal No. 01965319 (Feburary
24, 1998).<1> 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).
Complainant alleged that the agency discriminated against him on the
bases of race (Asian), color (yellow), and national origin (Taiwan) when
he was not accepted for the position of Supervisory Health Physicist,
GS-13. An EEOC administrative judge (AJ) issued a recommended decision
finding that complainant failed to demonstrate that he was discriminated
against. In its May 28, 1996, final decision, the agency adopted the
recommended decision. From the final agency decision, complainant
appealed to the Commission. We affirmed the final agency decision.
Complainant now requests that we reconsider our previous decision.
However, we find that complainant's request for reconsideration fails
to meet the criteria for reconsideration.
Complainant's submission on appeal indicates that reconsideration is
justified based upon new evidence and arguments. Complainant proffers
that the selectee for the Supervisory Health Physicist position was
fired from the agency because he did not have the necessary educational
background or experience. However, complainant did not present new
evidence which would establish that the agency discriminated against him,
when they selected another applicant for the position. Furthermore,
complainant's new information does not demonstrate that the agency's
articulated reasons, complainant's inability to give succinct answers
to questions and his inability to �get things done,� were pretext for
discrimination.
After a review of the 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. 01965319 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
October 31, 2000
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.