Paul R. Cox, Complainant,v.Ellen Engleman Conners, Chairman, National Transportation Safety Board, Agency.

Equal Employment Opportunity CommissionDec 21, 2006
0520070062 (E.E.O.C. Dec. 21, 2006)

0520070062

12-21-2006

Paul R. Cox, Complainant, v. Ellen Engleman Conners, Chairman, National Transportation Safety Board, Agency.


Paul R. Cox,

Complainant,

v.

Ellen Engleman Conners,

Chairman,

National Transportation Safety Board,

Agency.

Request No. 0520070062

Appeal No. 01A53426

Agency No. 300-A0-2018

DENIAL

Complainant timely requested reconsideration of the decision in Paul

R. Cox v. National Transportation Safety Board, EEOC Appeal No. 01A53426

(September 1, 2006). 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). However, we remind complainant that a

"request for reconsideration is not a second appeal to the Commission."

Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614

(rev. Nov. 9, 1999), at 9-17.

In his request, complainant makes numerous arguments which he has

previously raised in this record. In particular, he explains why

he believes that he acted appropriately, contrary to the agency's

finding, and why he should not have been demoted. In addition,

he challenges the finding that he failed to establish a prima facie

case of sex discrimination, arguing that he and his female comparator

(a subordinate employee) "were actually treated as similarly situated

employees" and that under the circumstances of this case "in a more

macro sense, [he and the comparator] would both merely be similarly

situated employees." The agency argues that complainant has failed to

satisfy either of the required criteria for the Commission to grant a

request for reconsideration.

This Commission carefully considered all of the record evidence at the

time it rendered the initial decision in question, and complainant has

offered no persuasive reason why this decision should be reconsidered now.

Therefore, 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 decision in EEOC Appeal No. 01A53426 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

December 21, 2006

__________________

Date

2

0520070062

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036