0520090143
03-30-2009
Stuart H. Fields, Complainant, v. Timothy F. Geithner, Secretary, Department of the Treasury, Agency.
Stuart H. Fields,
Complainant,
v.
Timothy F. Geithner,
Secretary,
Department of the Treasury,
Agency.
Request No. 0520090143
Appeal No. 0120082807
Hearing No. 120-2005-00229X
Agency No. 03-2354
DENIAL
Complainant timely requested reconsideration of the decision in Stuart
H. Fields v. Department of the Treasury, EEOC Appeal No. 0120082807
(October 29, 2008). 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 prior decision, we affirmed the agency's final order
implementing an EEOC Administrative Judge's dismissal of claims 1
through 5 and 7 through 9 on various procedural grounds, and finding
no discrimination concerning claim 6. Having reviewed our earlier
decision and complainant's arguments in support of his request for
reconsideration, we deny the request because it fails to meet the
criteria of 29 C.F.R. � 1614.405(b). Complainant simply revives earlier
arguments that we considered in rendering our prior decision, and he
has not indicated how we clearly and erroneously applied the facts
and law in this case. EEOC's Management Directive 110 is clear that a
"request for reconsideration is not a second appeal to the Commission."
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614,
at 9 - 17 (rev. Nov. 9, 1999). We only grant reconsideration in the two
very narrow circumstances listed above. As complainant has not shown how
our interpretation of the material facts or low was clearly erroneous,
the decision in EEOC Appeal No. 0120082807 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
March 30, 2009
__________________
Date
2
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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