0520090511
12-02-2009
Philip Z. Sobocinski, Jr., Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.
Philip Z. Sobocinski, Jr.,
Complainant,
v.
Michael J. Astrue,
Commissioner,
Social Security Administration,
Agency.
Request No. 0520090511
Appeal No. 0120072373
Agency No. 05-0262-SSA
DENIAL
Complainant timely requested reconsideration of the decision in Philip
Z. Sobocinski, JR v. Social Security Administration, EEOC Appeal
No. 0120072373 (April 8, 2009). 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 the underlying case, complainant alleged he was discriminated against
based on his national origin (part Polish ancestry), sex (male), and
in reprisal for prior EEO protected activity when: (1) he received
an oral admonishment by the Acting Hearing Office Director (HOD); (2)
he received an official letter of reprimand from his Group Supervisor
(GS); and (3) he was suspended from his position of Attorney-Advisor,
for two calendar days.
Complainant also alleged hostile work environment harassment when:
GS dismissed as inadequate complainant's reasons for his inability to
complete a specific case; and HOD handed complainant a formal letter
directing him to complete a specific case by the close of business the
following day.
Following an investigation by the agency, complainant, requested a
final agency decision (FAD). The agency's FAD found that complainant
failed to show that he was subjected to discrimination on any of the
alleged bases. The agency indicated that even if it assumed, arguendo,
that complainant established a prima facie case of national origin, sex
and/or reprisal discrimination, the agency had articulated a legitimate
nondiscriminatory reason for its actions. The agency also determined
that the alleged incidents were not sufficiently severe or pervasive to
state a claim of discriminatory harassment. Complainant appealed the
FAD to the Commission. In our previous decision, we affirmed the FAD.
Complainant now requests that the Commission reconsider its decision.
In his request for reconsideration, complainant mainly restates the same
arguments on appeal. Specifically, complainant contends that management's
statements were false and incorrect, and that the agency's reasons are
pretext for unlawful discrimination.
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. 0120072373 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
December 2, 2009
__________________
Date
2
0520090511
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0520090511