0520090533
08-21-2009
Robert Castillo, Complainant, v. Steve Preston, Secretary, Department of Housing and Urban Development, Agency.
Robert Castillo,
Complainant,
v.
Steve Preston,
Secretary,
Department of Housing and Urban Development,
Agency.
Request No. 0520090533
Appeal No. 0120071777
Agency No. EEO05038
DENIAL
Complainant timely requested reconsideration of the decision in Robert
Castillo v. Department of Housing and Urban Development, EEOC Appeal
No. 0120071777 (April 2, 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).
Complainant, a GS-12 Construction Analyst at the agency's Multifamily
Program Center (MPC) in Indiana, alleged that the agency discriminated
against him on the bases of race (Hispanic1), national origin (Mexican),
religion (Roman Catholic), and age (44) when: (1) on September 9, 2004,
complainant learned that he was not referred on the Best Qualified
List (BQL) to the Selecting Official (SO) for the position of Quality
Assurance Specialist (QAS), GS-1910-9/11/12/13, advertised under Vacancy
Announcement Number HQ-DEU-2004-0136z; and (2) complainant's supervisor
continuously assigned him more construction project work with more
responsibility and more complexity than work assigned to the two GS-13
Construction Analysts, without the benefit of the corresponding grade
and pay.2
After an investigation, the agency issued a final decision finding no
discrimination. The Commission's prior decision affirmed the agency's
decision, finding insufficient evidence that complainant was tasked with
more responsibility than his co-workers, or that any additional work
assigned was due to a discriminatory motive. The decision also found
complainant was not referred for selection because his rating was not
high enough.
In his request, complainant reiterates his position that he was
discriminated against and also claims he was retaliated against for
whistle blowing. 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 establish that the prior decision
involved a clearly erroneous interpretation of material law or fact.
The decision in EEOC Appeal No. 0120071777 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 (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
August 21, 2009
Date
1 It is noted that, under the laws enforced by the EEOC, the term
"Hispanic" connotes national origin rather than race.
2 The complaint also included three other allegations that were dismissed
as untimely filed. Complainant did not raise these matters in his
request.
??
??
??
??
2
0520090533
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0520090533