Alfredo S.,1 Complainant,v.Carolyn W. Colvin, Acting Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Nov 30, 2016

0520160509 (E.E.O.C. Nov. 30, 2016)

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

Alfredo S.,1
Complainant,

v.

Carolyn W. Colvin,
Acting Commissioner,
Social Security Administration,
Agency.

Request No. 0520160509

Appeal No. 0120152099

Agency No. PHI-15-0264-SSA

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120152099 (August 23, 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 claimed that he was discriminated against on the
bases of his disability (prostate cancer), and in reprisal for his prior EEO activity under Section
501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq. when:

1. On December 22, 2005, he was denied a reasonable accommodation in the form of a
transfer to the Towson, Maryland office.

2. On January 25, 2006, he was terminated during his probationary/trial phase of the
Federal Career Intern Program, Claims Representative position.

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.
0520160509

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In its final decision, the Agency dismissed the complaint pursuant to EEOC Regulation 29
C.F.R. § 1614.107(a)(2) on the grounds that Complainant failed to file the complaint in a
timely manner and also pursuant to EEOC Regulation 29 C.F.R. § 1614.107(a)(4) on the
grounds that Complainant had elected to challenge his removal in the Merit Systems Protection
Board forum. The Agency stated that Complainant initiated contact with an EEO Counselor on
December 5, 2014, which was beyond the 45-day limitation period for the incidents at issue
that occurred in 2005 and 2006, respectively. On appeal, the Commission addressed
Complainant’s arguments and found that the Agency properly dismissed the complaint on the
grounds of untimely EEO Counselor contact. In light of our affirmance on this basis, we did
not address the Agency’s alternative grounds for dismissal.

In his request to reconsider, Complainant contends that our prior decision should be reversed
because Agency officials blocked him from speaking with the Union Representative and the
Commission. Complainant maintains that the documented deficiencies in the Agency’s EEO
complaint process support his position that his complaint has not been handled properly.
Complainant further argues that he was incapacitated due to suffering from prostate cancer and
depression.

The Commission emphasizes 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) (Aug. 5, 2015), at 9-18; see, e.g., Lopez v. Dep't of Agric., EEOC Request
No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to
demonstrate that the appellate decision involved a clearly erroneous interpretation of material
fact or law, or will have a substantial impact on the policies, practices, or operations of the
Agency. Complainant has not done so here.

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. 0120152099 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.

0520160509

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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

November 30, 2016
Date