05a00039
04-21-2000
Paul J. Colander, Complainant, v. William S. Cohen, Secretary, U.S. Department of Defense (Defense Finance & Accounting Service), Agency.
Paul J. Colander v. U.S. Department of Defense
05A00039
April 21, 2000
Paul J. Colander, )
Complainant, )
) Request No. 05A00039
v. ) Appeal No. 01975163
) Agency No. DFAS-CO-0000A-96
William S. Cohen, ) Hearing No. 220-97-5009X
Secretary, )
U.S. Department of Defense )
(Defense Finance & Accounting Service), )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On 10/6/99, Paul J. Colander (complainant) initiated a request to the
Equal Employment Opportunity Commission (Commission) to reconsider
the decision in Paul J. Colander v. Department of Defense, EEOC Appeal
No. 01975163 (9/9/99).<1> EEOC Regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission decision.
64 Fed. Reg. 37,644, 37,656 (1999)(to be codified and hereinafter
referred to as EEOC Regulation 29 C.F.R. � 1614.405(b)). The party
requesting reconsideration must demonstrate that the appellate decision
involved a clearly erroneous interpretation of material fact or law; or
the decision will have a substantial impact on the policies, practices
or operations of the agency. Complainant's request is denied.
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds complainant's
request does not meet the criteria of 29 C.F.R. � 1614.405(b), and it is
the decision of the Commission to deny complainant's request. Complainant
failed to establish that the prior decision, which found he was not
discriminated against when he was not selected for a Supervisory Auditor
position in December 1995, involved a clearly erroneous interpretation of
material law or fact. Instead, the complainant argues that the selecting
official has a history of selecting unqualified individuals for positions.
Furthermore, he argues that he does have "extensive" auditing experience
required for the position. However, we find no indication that the prior
decision involved a clearly erroneous interpretation of law or fact.
The decision of the Commission in EEOC Appeal No. 01975163 remains the
Commission's final decision. There is no further right of administrative
appeal from a decision of the Commission on a request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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 21, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.