Complainant,v.Anthony Foxx, Secretary, Department of Transportation, Agency.

Equal Employment Opportunity Commission

Apr 7, 2015

0520150143 (E.E.O.C. Apr. 7, 2015)

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

,
Complainant,

v.

Anthony Foxx,
Secretary,
Department of Transportation,
Agency.

Request No. 0520150143

Appeal No. 0120142365

Agency No. 201325339FRA03

DECISION ON REQUEST FOR RECONSIDERATION
Complainant requested reconsideration of the decision in Complainant v. Department of
Transportation, EEOC Appeal No. 0120142365 (October 31, 2014). 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 alleged the Agency discriminated against him on the
bases of age and in reprisal for prior protected activity when:

1. Complainant was denied 12 hours of compensatory time in Pay Period (PP) 14, which
covered June 16, 2013 through June 29, 2013; and

2. Complainant was not reimbursed for digital subscriber line (DSL) charges incurred
from April 2013 through mid-June 2013.

The Agency issued a final decision finding Complainant failed to prove he was subjected to
discrimination as alleged. In our prior decision, the Commission affirmed the Agency’s
finding of no discrimination.

0520150143

2
We note that in support of his request for reconsideration Complainant submitted briefs dated
January 2, 2015, January 5, 2015, and January 30, 2015. As these briefs were untimely filed,
they will not be considered by the Commission.

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. 0120142365 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

Date
April 7, 2015