Reuben Harris, Appellant,v.William S. Cohen, Secretary, Department of Defense, (Defense Logistics Agency), Agency.

Equal Employment Opportunity CommissionJan 15, 1999
05981141 (E.E.O.C. Jan. 15, 1999)

05981141

01-15-1999

Reuben Harris, Appellant, v. William S. Cohen, Secretary, Department of Defense, (Defense Logistics Agency), Agency.


Reuben Harris v. Department of Defense

05981141

January 15, 1999

Reuben Harris, )

Appellant, )

) Request No. 05981141

v. ) Appeal No. 01980721

) Agency No. DT-97-068

William S. Cohen, )

Secretary, )

Department of Defense, )

(Defense Logistics Agency), )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On September 17, 1998, Reuben Harris (appellant) initiated a request to

the Equal Employment Opportunity Commission (EEOC) to reconsider the

decision in Harris v. Dept. Of Defense (Defense Logistics Agency), EEOC

Appeal No. 01980721 (August 14, 1998). EEOC Regulations provide that the

Commissioners may, in their discretion, reconsider any previous decision.

29 C.F.R. �1614.407(a). The party requesting reconsideration must submit

written argument or evidence which tends to establish one or more of

the following three criteria: new and material evidence is available

that was not readily available when the previous decision was issued,

29 C.F.R. �1614.407(c)(1); the previous decision involved an erroneous

interpretation of law, regulation or material fact, or misapplication of

established policy, 29 C.F.R. �1614.407(c)(2); and the previous decision

is of such exceptional nature as to have substantial precedential

implications, 29 C.F.R. �1614.407(c)(3). Appellant's request is denied.

The record indicates that appellant filed a formal complaint alleging

discrimination based on reprisal when appellant's supervisor reminded

him (appellant) that he had to check out with the supervisor prior to

leaving the work center to conduct EEO business. The agency dismissed

the complaint for failure to state a claim and appellant appealed. The

previous decision affirmed the dismissal without substantive

comment. Appellant did not make any arguments in his request for

reconsideration.

Based on the record before us, the Commission finds no reason to disturb

the previous decision. Appellant has not shown he suffered a harm or

loss with respect to a term, condition, or privilege of employment for

which there is a remedy. Diaz v. Dept. of the Air Force, EEOC Request

05931049 (April 21, 1994). Further, appellant did not show a "direct

personal deprivation at the hands of the employer." Id.

After a review of appellant's request for reconsideration, the previous

decision, and the entire record, the Commission finds appellant's request

does not meet the criteria of 29 C.F.R. �1614.407(a), and it is the

decision of the Commission to deny appellant's request. The decision

in EEOC Appeal No. 01980721 remains the Commission's final decision

in this matter. There is no further right of administrative appeal from

a decision of the Commission on a request for reconsideration.

RIGHT TO FILE A CIVIL ACTION (P0993)

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.

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. 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 (Z1092)

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:

JAN 15, 1999

Date Frances M. Hart

Executive Officer

Executive Secretariat