Alfonzo H.,1 Complainant,v.Ashton B. Carter, Secretary, Department of Defense (Department of Defense Education Activity), Agency.

Equal Employment Opportunity Commission

Jun 23, 2016

0520160246 (E.E.O.C. Jun. 23, 2016)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Alfonzo H.,1
Complainant,

v.

Ashton B. Carter,
Secretary,
Department of Defense
(Department of Defense Education Activity),
Agency.

Request No. 0520160246

Appeal No. 0120152548

Agency No. DD-FY14-147

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120152548
(January 29, 2016). 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(c).

In his underlying complaint, Complainant alleged that the Agency subjected him to unlawful
discrimination on the bases of his race, disability, and in reprisal for prior protected EEO
activity when the Agency did not rehire him for a vacant, full-time Deaf and Hard of Hearing
teaching position announced through a staffing agency, even though he had priority
consideration through the reemployment list because he had been separated as part of a
reduction in force. The Agency found no discrimination. The Agency found that Complainant
was not a federal employee and he was not an applicant as the position announced by the
staffing firm was not for a position with the Agency. On appeal, the Commission affirmed the

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.
0520160246

2
Agency’s decision. The Commission also found that, despite Complainant’s contentions on
appeal, he did not show that the Agency incorrectly framed his claim in its final decision

In his request for reconsideration, Complainant largely reiterates arguments made, and fully
considered, on appeal. Therefore, 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(c),
and it is the decision of the Commission to deny the request. The decision in EEOC Appeal
No. 0120152548 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 (Z0815)

If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may
request permission from the court to proceed with the civil action without paying these fees or
costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may
request the court to appoint an attorney for you. You must submit the requests for waiver of
court costs or appointment of an attorney directly to the court, not the Commission. The court
has the sole discretion to grant or deny these types of requests. Such requests do not alter the
time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File
a Civil Action for the specific time limits).

FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

June 23, 2016
Date