0520120422
11-15-2012
Request No. 0520120422
Jesse Owens,
Grievant,
v.
John M. McHugh,
Secretary,
Department of the Army,
Agency.
Request No. 0520120422
Appeal No. 0220100003
Agency No. (Not Specified)
DENIAL
Complainant timely requested reconsideration of the decision in Jesse Owens v. Department of the Army, EEOC Appeal No. 0220100003 (March 22, 2012). 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).
BACKGROUND
In the appellate decision, the Grievant worked as a Material Handler, at the Agency's Brooke Army Medical Center facility in Fort Sam Houston, Texas. On September 19, 2007 he filed a grievance pursuant to the Agency's Collective Bargaining Agreement alleging that the Agency discriminated against him on the basis of race (African-American) when he was issued a two (2) day suspension for creating a disturbance in the workplace. The Grievant filed three grievances regarding this matter. The Agency found that it had articulated legitimate, nondiscriminatory reasons for its actions, namely that Grievant had created a disturbance in the workplace with nine coworkers and therefore a suspension was proposed. The Agency found that the Grievant offered no evidence other than his own assertions that he had been subjected to discrimination. The final Agency decision found that the Grievant had failed to show that the reasons asserted were pretext for discrimination. The Commission affirmed the finding of no discrimination.
REQUEST FOR RECONSIDERATION
In his request for reconsideration, the Grievant argues that he is a victim of a conspiracy. He contends that there is a plot to have him removed from his job by any means necessary. He also maintains that: (1) management imposes "Jim Crow" type tactics; (2) management intimidates, embarrasses, and humiliates him because he is black; (3) management defamed his character; (4) he was under duress when he signed an EEO settlement agreement; and (5) he was retaliated against because an EEO dismissal was reversed.
In response, the Agency asks that the Grievant's request for reconsideration be denied because he has not met the criteria for reconsideration. The Agency maintains that other than his own assertions, he has not provided any evidence which demonstrates that he was subjected to discrimination. The Agency argues that it articulated legitimate, nondiscriminatory reasons for its actions and the Grievant failed to show that the reasons were pretext for discrimination.
ANALYSIS AND FINDINGS
After reviewing 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 the Grievant failed to show that the appellate decision involved a clearly erroneous interpretation of material fact or law, or that the appellate decision will have a substantial impact on the policies, practices, or operations of the Agency. We find that the Grievant has not presented any evidence other than his own assertions that discrimination was involved in this matter. We also note that the Grievant's arguments were previously argued and the Commission found that the Grievant failed to show that the Agency's articulated legitimate, nondiscriminatory reasons were pretext for discrimination.1 Accordingly, the decision in EEOC Appeal No. 0220100003 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
____11/15/12______________
Date
1 We remind the Grievant 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 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17. A reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency.
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0520120422
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0520120422