0520180281
03-09-2018
Brian M.,1 Complainant, v. Jeff B. Sessions, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Brian M.,1
Complainant,
v.
Jeff B. Sessions,
Attorney General,
Department of Justice
(Federal Bureau of Prisons),
Agency.
Request No. 0520180281
Appeal No. 0120172161
Hearing Nos. 420-2016-00269X and 420-2017-0037X
Agency Nos. BOP-2015-01994 and BOP-2016-0498
DECISION ON REQUEST FOR RECONSIDERATION
In order to clarify its previous decision and order in light of an inadvertent error in the identification of Agency complaint numbers, the Equal Employment Opportunity Commission (EEOC or Commission), on its own motion, reconsiders its decision in EEOC Appeal No. 0120172161 (February 22, 2018).
The record shows that Complainant filed two formal EEO complaints with the Agency.
Agency No. BOP-2016-0498
In Agency No. BOP-2016-0498, Complainant alleged that he was discriminated against on the bases of age and reprisal in violation of the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq., when:
1. from January 25 through March 21, 2016, the Warden removed Complainant from his position, waiting four days to notify him regarding a data security breach concerning his personal identifying information, and when the Warden required Complainant to be escorted by the Associate Warden upon entry into the Medium Facility; and
2. on February 19, 2016, he was subjected to a hostile work environment when his SF-50 containing personal identifying information detailing his suspension was circulated among institution staff at the Medium Facility.
That complaint is currently pending before an EEOC Administrative Judge (AJ), in a case docketed as Hearing No. 420-2017-0037X, and will not be addressed further.
To the extent that Complainant was appealing Agency No. BOP-2016-0498, his appeal is DISMISSED as premature as the matter is pending a hearing.
Agency No. BOP-2015-01994
In Agency No. BOP-2015-01994, Complainant alleged that he was discriminated against on the bases of race (African American), sex (male) and age in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq., and the ADEA when:
1. On June 9, 2015, management restricted Complainant to an office for eight (8) hours a day, only permitting him to leave for restroom breaks. This restricted Complainant from participating in staff recalls, annual refresher training, staff lounge area, Correctional Worker's Week, or any Employee's Club events.
2. On June 23, 2015, Complainant was issued a 4th fitness for duty letter in six months. He alleged this was done in an effort to force his resignation or retirement.
3. On July 24, 2015, management refused to provide him with a copy of the results of his fitness for duty examination.
Following the investigation, on November 3, 2016, Complainant requested a hearing before an EEOC AJ. The AJ eventually dismissed the hearing (docketed as Hearing No. 420-2016-00269X) as a sanction on May 31, 2017. The AJ remanded the matter to the Agency for a final decision. The Agency has not yet issued a final decision.
Therefore, the Agency is directed to issue a final Agency decision with respect to Agency No. BOP-2015-01994 and the matter is REMANDED as set forth in the Order below.
ORDER
Within thirty (30) calendar days of the date this decision, the Agency shall issue its final decision on Agency No. BOP-2015-01994 pursuant to 29 C.F.R. � 1614.110(b), with appropriate appeal rights to this Commission.
A copy of the Agency's final decision must be sent to the Compliance Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0617)
Compliance with the Commission's corrective action is mandatory. The Agency shall submit its compliance report within thirty (30) calendar days of the completion of all ordered corrective action. The report shall be in the digital format required by the Commission, and submitted via the Federal Sector EEO Portal (FedSEP). See 29 C.F.R. � 1614.403(g). The Agency's report must contain supporting documentation, and the Agency must send a copy of all submissions to the Complainant. If the Agency does not comply with the Commission's order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. � 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission's order prior to or following an administrative petition for enforcement. See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled "Right to File a Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. � 1614.409.
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
March 9, 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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