Caleb F.,1 Complainant,v.Kathy Kraninger, Director, Consumer Financial Protection Bureau, Agency.

Equal Employment Opportunity Commission

Jun 7, 2019

2019002308 (E.E.O.C. Jun. 7, 2019)

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

Caleb F.,1
Complainant,

v.

Kathy Kraninger,
Director,
Consumer Financial Protection Bureau,
Agency.

Request No. 2019002308

Appeal No. 0120171176

Hearing No. 570-2014-00857X

Agency No. CFPB-2014-0005-F

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120171176 (November 16, 2018).
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).

In his underlying complaint, Complainant alleged that the Agency subjected him to unlawful race,
color, disability, age, and reprisal discrimination when on October 18, 2013, he was not selected
for a Consumer Response Specialist position, advertised under vacancy announcement number 13-
CFPB-452A. Following an investigation, Complainant requested a hearing before an Equal
Employment Opportunity Commission Administrative Judge (AJ). The AJ assigned to the case
found that, after viewing the evidence in a light most favorable to Complainant, a decision without
a hearing was appropriate as there were no genuine issues of material fact in dispute. The AJ issued

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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a decision finding no discrimination. The Agency’s final order adopted the AJ’s finding and, on
appeal, the Commission affirmed the Agency’s final decision. Specifically, we found that
Complainant failed to show that his qualifications for this position at issue were superior to those
of the selectees, or that the Agency’s articulated reasons for his nonselection were pretextual.

In his request for reconsideration, Complainant largely reiterates arguments made, and fully
considered, on appeal. Accordingly, 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.
0120171176 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
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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 7, 2019
Date