05a20869
08-29-2002
Juan P. McRae, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Juan P. McRae v. Department of the Army
05A20869
08-29-02
.
Juan P. McRae,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A20869
Appeal No. 01A10237
Agency No. DA #BPERFO9605G0260
Hearing No. 120-97-4179X
DECISION ON REQUEST FOR RECONSIDERATION
Juan P. McRae (complainant) timely initiated a request to the Equal
Employment Opportunity Commission to reconsider the decision in Juan
P. McRae v. Thomas E. White, Secretary, Department of the Army, EEOC
Appeal No. 01A10237 (May 16, 2002). EEOC regulations provide that the
Commissioners may, in their discretion, reconsider any previous decision
where the party demonstrates that: (1) the previous decision involved
a clearly erroneous interpretation of material fact or law; or (2) the
decision will have a substantial impact on the policies, practices or
operation of the agency. 29 C.F.R. � 1614.405(b).
Complainant alleged discrimination based on race/color (black) and
reprisal when he was not selected for the position of Aerospace
Engineering Technician, GS-12. Following a hearing, the EEOC
Administrative Judge (AJ) found that the agency did not discriminate
against complainant, and the previous decision affirmed that decision.
Complainant claimed that the selectee had less relevant experience and
education. The agency stated that it chose the selectee based on his
broader background and demonstrated ability to perform successfully as a
team leader and that complainant's experience was more limited and in one
area of the work. In his request, complainant repeated his arguments on
appeal that he had superior qualifications, education, and experience
in the Division and that the agency failed to follow its affirmative
action plan. Complainant has not provided evidence to demonstrate that
the agency's reason for its selection decision was untrue or based on
discriminatory animus.
After a review of the complainant's request for reconsideration, 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. 01A10237 (May 16, 2002) remains the Commission's
final decision. There is no further right of administrative appeal on
the decision of the Commission on a request for reconsideration.
STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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 (Z1199)
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 that the Court appoint
an attorney to represent you and that the Court 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 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
____08-29-02______________
Date