0520120350
12-06-2012
Angelo Sylvester, Complainant, v. Dr. Rebecca Blank, Acting Secretary, Department of Commerce (Bureau of the Census), Agency.
Angelo Sylvester,
Complainant,
v.
Dr. Rebecca Blank,
Acting Secretary,
Department of Commerce
(Bureau of the Census),
Agency.
Request No. 0520120350
Appeal No. 0120120523
Agency No. 106-302609D
DENIAL
Complainant timely requested reconsideration of the decision in Angelo Sylvester v. Department of Commerce, EEOC Appeal No. 0120120523 (March 14, 2012). 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(b).
In our previous decision, we affirmed the EEOC Administrative Judge's (AJ) decision granting summary judgment in favor of the Agency. We noted that the AJ properly found that Complainant failed to establish that the Agency's legitimate, nondiscriminatory reasons for his termination were pretext for discrimination based on race, age, and, national origin. We noted that Complainant was reprimanded by his Crew Leader for unsatisfactory performance in the field, including: not planning an appropriate follow-up with respect to household visits; not relying on census-issued maps as required; not reading the prepared questions to respondents as directed; and not completing the requisite Enumerator Questionnaire. We also noted that Crew Leaders learned that Complainant had conducted a census interview with a 13 year old minor, a practice strictly forbidden by Agency policy. We found that Complainant failed to show that the Agency's reasons were motivated by discrimination.
In his request for reconsideration, Complainant, in pertinent part, contends that the Agency's reasons for his termination are false. Complainant contends that he planned appropriate follow-up interviews with respect to household visits. Complainant contends that documentation shows that he did not conduct a census interview with a 13 year old minor. Complainant further contends that the maps provided to him were inaccurate, so he could not rely on them. Complainant continues to assert that most, if not all, of the Agency's reasons for his termination were false.
We note 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) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. Specifically, Complainant has failed to establish that our previous decision erred in finding that he failed to show that the Agency's reasons were motivated by discrimination.
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(b), and it is the decision of the Commission to DENY the request. The decision in EEOC Appeal No. 0120120523 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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
December 6, 2012
Date
2
0520120350
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120350