05a00355
03-31-2000
Thomas A. Ficht, Complainant, v. Andrew M. Cuomo, Secretary, Department of Housing and Urban Development, Agency.
Thomas A. Ficht v. Department of Housing and Urban Development
05A00355
March 31, 2000
Thomas A. Ficht, )
Complainant, )
)
) Request No. 05A00355
v. ) Appeal No. 01983672
) Agency No. AT 95-07
Andrew M. Cuomo, )
Secretary, )
Department of Housing and Urban )
Development, )
Agency. )
)
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On February 8, 2000, Thomas A. Ficht (complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decisions in Ficht v. Dept. of Housing and Urban
Development, EEOC Appeal No. 01983672 (January 19, 2000).<1> EEOC
regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision where the party demonstrates that:
(1) the previous decision involved 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.
64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �1614.405(b)).
Complainant filed an EEO complaint alleging discrimination based on age
(62) and reprisal (prior EEO activity) when he was not selected for the
position of Director, Atlanta Community Planning and Development and
when his position as Director of the Program Management Division was
abolished. The complaint was investigated and the agency issued a
decision finding no discrimination.<2> Complainant filed an appeal with
the Commission which affirmed the agency's decision.
In his request for reconsideration, complainant points to some errors
in the previous decision which have since been corrected. Others do not
change the substantive findings of the decision. In addition, complainant
makes arguments that he admits were previously made. Complainant points
to areas where he felt the agency lied or where he felt the agency was
"in collusion" against him. Complainant mentions evidence that is in
the record and previously considered in reaching the decision below and,
taking into consideration complainant's current arguments, we find no
reason to disturb the previous decision. Complainant has not submitted
any new evidence. The request is denied.
After a review of complainant's request to reconsider, the previous
decision, and the entire record, the Commission finds that complainant's
request does not meet the criteria of 29 C.F.R. �1614.405(b), and
it is the decision of the Commission to deny complainant's request.
The decision of the Commission in Appeal Nos. 01983672 remains the
Commission's final decision. There is no further right of administrative
appeal from a decision of the Commission on a request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
March 31, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
fderal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2In its decision, the agency first proposed dismissing the issue of
the position abolishment in that at the time complainant contacted
the EEO counselor it was merely proposed that the position be
eliminated. However, the agency then analyzed the merits of the claim
and found no discrimination.