0520180029
02-02-2018
Alonzo N.,1 Complainant, v. Kirstjen M. Nielsen, Secretary, Department of Homeland Security (Transportation Security Administration), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Alonzo N.,1
Complainant,
v.
Kirstjen M. Nielsen,
Secretary,
Department of Homeland Security
(Transportation Security Administration),
Agency.
Request No. 0520180029
Appeal No. 0120170903
Hearing No. 570-2014-00651
Agency No. HS-TSA-01422-2013
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120170903 (September 20, 2017). EEOC regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. � 1614.405(a), 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).
Complainant worked as a Transportation Security Officer at the Agency's Baltimore Washington International Airport in Glen Burnie, Maryland. Complainant filed an EEO complaint alleging that he was subjected to discrimination on the basis of race (African American) when: (1) on May 11, 2013, the Deputy Assistant Federal Security Director placed a chair in front of him and stated Complainant was having performance issues with checked baggage; (2) on May 26, 2013, the Transportation Security Manager (TSM) gave him a Fitness for Duty form to be completed by [his] physician; (3) on August 4, 2013, issues he was having with management were placed into his mid-year evaluation; (4) on August 5, 2013, the TSM said that he observed Complainant humming to himself and cursing; she advised him that he had three options: go to the exit lanes, complete an SF-71 and go home, or go to the break room; and (5) on August 8, 2013, he was given a training plan from the TSM which required him to take remedial training.
Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge's (AJ) decision by summary judgment which found in favor of the Agency, concluding Complainant failed to prove his harassment claims. In her decision, the AJ found that Complainant did not contradict management's explanations for their actions or demonstrate that the actions complained of were anything more than routine work assignments, instructions, or admonishments.
In his request for reconsideration, Complainant expresses his disagreement with the previous decision and presents some arguments he has previously made. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, � VII.A. 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. 0120170903 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
February 2, 2018
__________________
Date
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.
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0520180029