01A04351_r
08-06-2002
Raul Roman Bracamontes, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Raul Roman Bracamontes v. Department of the Navy
01A04351
August 6, 2002
.
Raul Roman Bracamontes,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Appeal No. 01A04351
Agency No. 99-32379-001
DECISION
Complainant initiated a timely appeal from an agency decision dated
April 28, 2000 concerning his complaint of unlawful discrimination in
violation of Title VII of the Civil Rights Act of 1964 (Title VII), as
amended, 42 U.S.C. � 2000 et seq. The appeal is accepted pursuant to
29 C.F.R. � 1614.405. For the following reasons, the Commission affirms
the agency's final decision.
Complainant alleged that he was discriminated against on the bases of
national origin (Hispanic) and retaliation (previous EEO complaint) when
he was not selected for the position of Supervisory Logistics Management
Specialist. The agency's April 28, 2000 decision found no discrimination.
The Commission finds that complainant failed to present evidence
that, more likely than not, the agency's articulated reason for its
action was pretext for discrimination. The agency, in its decision,
articulated legitimate, nondiscriminatory reasons for the non-selection.
Specifically, in its finding of no discrimination, the agency found that
although the selectee and complainant were both rated best qualified for
the position, complainant did not possess as much supervisory experience
as the selectee. While complainant suggests that he had more technical
knowledge than the selectee, a review of the record clearly indicates that
supervisory experience was the most important factor in the selection and
outweighed any technical requirements for the position. Complainant has
provided no evidence, other than his mere "belief," that the agency's
response was a pretext for discrimination. Therefore, we find that
complainant has failed to show that the agency's non-selection was
based on national origin and retaliation for prior protected activity.
The agency's final decision is therefore AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
August 6, 2002
__________________
Date