0520090462
11-02-2009
William C. Putt, Complainant, v. Tom J. Vilsack, Secretary, Department of Agriculture, Agency.
William C. Putt,
Complainant,
v.
Tom J. Vilsack,
Secretary,
Department of Agriculture,
Agency.
Request No. 0520090462
Appeal No. 0120080186
Hearing No. 470-2006-00054X
Agency No. FS-2005-00787
DENIAL
Complainant timely requested reconsideration of the decision in William
C. Putt v. Department of Agriculture, EEOC Appeal No. 0120080186 (April
14, 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).
In our previous decision, the Commission affirmed the agency's finding of
no discrimination. Specifically, the Commission found that complainant
failed to establish that the agency's legitimate, nondiscriminatory
reasons for not selecting him for two positions were a pretext for
sex and age discrimination. The Commission found that complainant
was not selected for the Forestry Technician position based upon the
maximum entry age for firefighters and that the agency cancelled the
vacancy announcement for the Supervisory Natural Resources Specialist
position before selecting an individual of the same protected classes
as complainant.
In his request, complainant urges the Commission to reconsider its
decision because the maximum entry age requirement is "a violation of
my right(s) and many others." Complainant argues that various entities
have raised or eliminated age qualifications. Complainant also requests
that the Commission appoint an attorney to represent him in this case.
After considering 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. We find that complainant is raising the same arguments
made on appeal. A request for reconsideration is not a second appeal.
As noted by the EEOC Administrative Judge assigned to this matter and the
previous decision, the agency, pursuant to statute, has been authorized
to determine and fix the minimum and maximum age limits for Forestry
Technician positions such as the one at issue here. The fact that
other entities have chosen to raise or eliminate age qualifications,
does not establish discrimination on the agency's part. With respect
to complainant's request for an attorney, we note that the Commission
does not provide court appointed attorneys. The information cited by
complainant regarding attorney availability is included in our appeal
rights to give notice to complainants who decide to file a civil action.
Accordingly, the decision in EEOC Appeal No. 0120080186 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 (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
____11/02/09______________
Date
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0520090462
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0520090462