0520110387
09-27-2011
Robert Zaha, Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security (Transportation Security Administration), Agency.
Robert Zaha,
Complainant,
v.
Janet Napolitano,
Secretary,
Department of Homeland Security
(Transportation Security Administration),
Agency.
Request No. 0520110387
Appeal No. 0120110453
Agency No. HS-06-TSA-001653
DENIAL
Complainant timely requested reconsideration of the decision in Robert
Zaha v. Department of Homeland Security, EEOC Appeal No. 0120110453
(March 30, 2011). 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 our previous decision, we affirmed the Agency’s final decision
finding no discrimination. We concluded that the Agency articulated
legitimate, non-discriminatory reasons for its actions. Specifically,
we noted that the Assistant Federal Security Director (AFSD) did not
select Complainant to the position of Lead Transportation Security Officer
(LTSO) because he earned a poor score on his interview. We also found that
Complainant failed to rebut the Agency’s legitimate, nondiscriminatory
reasons. We further found that Complainant failed to show that his
qualifications were plainly superior to the selectees’ qualifications,
or that the Agency’s actions were motivated based on age, race, or sex.
In his request for reconsideration, Complainant, in pertinent part,
alleges that the AFSD promoted a friend who was not an efficient
employee. Complainant also reiterates arguments previously considered
below.
We note that the AFSD stated that the panel’s interview notes reflected
that Complainant “went off the subject on about every question”
and “speaks clearly but his ideas and facts are not always clear.”
The AFSD stated that Complainant’s interview score was in the bottom
third. We remind Complainant that a request for reconsideration is
not a second form of appeal. E.g., Lopez v. Dep't of Agriculture, EEOC
Request No. 0520070736 (Aug. 20, 2007). 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. 0120110453 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 (P0610)
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 (Z0610)
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
September 27, 2011
Date
2
0520110387
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013