Michael D. Deruise v. Department of the Army 05A40645 April 28, 2004 . Michael D. Deruise, Complainant, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency. Request No. 05A40645 Appeal No. 01A40742 Agency No. ARCORPUS02NOV0038 Hearing No. 360-2003-08341X DENIAL OF REQUEST FOR RECONSIDERATION Michael D. Deruise (complainant) timely initiated a request to the Equal Employment Opportunity Commission (EEOC or Commission) to reconsider the decision in Michael D. Deruise v. Department of the Army, EEOC Appeal No. 01A40742 (March 15, 2004). EEOC Regulations provide that the Commission may, in its discretion, 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). However, we remind complainant 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 (rev. Nov. 9, 1999), at 9-17. In his complaint, complainant alleged that he was discriminated against based on his race (Black) and in reprisal for prior EEO activity (arising under Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq.) when, between August 26, 2002, and November 6, 2002, he was subjected to harassment by supervisors. In our previous decision, we affirmed the Administrative Judge's (AJ) issuance of a decision without a hearing finding no discrimination. The AJ found that complainant failed to establish a prima facie case of harassment because complainant failed to provide any evidence which might indicate that management's actions were motivated by discriminatory animus towards complainant's race or prior EEO activity. In his request, complainant restates the same arguments as on appeal. This Commission carefully considered all of the record evidence at the time it rendered the initial decision in question, and complainant has offered no persuasive reason why this decision should be reconsidered now. After a review of 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. 01A40742 remains the Commission's final decision. There is no further right of administrative appeal on the decision of the Commission on this 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: April 28, 2004 ______________________________ __________________ Carlton M. Hadden, Director Date Office of Federal Operations