Stuart H. Fields, Complainant,v.Timothy F. Geithner, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionMar 30, 2009
0520090143 (E.E.O.C. Mar. 30, 2009)

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

0520090143

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520090143

3

0520090143