0521040542
02-13-2015
Complainant v. Jeh Johnson, Secretary, Department of Homeland Security (Transportation Security Administration), Agency.
Complainant
v.
Jeh Johnson,
Secretary,
Department of Homeland Security
(Transportation Security Administration),
Agency.
Request No. 0520140542
Appeal No. 0120122624
Agency No. HS-TSA-01540-2011
DENIAL
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120122624 (August 21, 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).
Our previous decision affirmed the Agency's final decision, which found that the Agency did not discriminate against Complainant on the bases of race/color, national origin, and age when it did not select him for the position of Transportation Security Officer. In that decision, we found that the Agency articulated legitimate, nondiscriminatory reasons for its action and that Complainant did not show that the articulated reasons were a pretext for discrimination. We noted that the Agency determined that Complainant could not continue with the hiring process because a preliminary credit-check indicated that Complainant had cumulative bad debt in excess of the Agency's financial threshold. We also noted that, after Complainant contacted the credit reporting agency, the credit dispute was resolved in Complainant's favor. We concluded that the Agency's determination was based on inaccurate information rather than on discriminatory animus. Noting that the EEO statutes prohibit discrimination, not mistakes or errors of judgment, we found that Complainant did not show that the Agency discriminated against him.
In his request for reconsideration, Complainant argues that his bad debt was lower than the Agency's threshold and that he notified the Agency of the error in the credit report. He alleges that "the Agency deliberately discriminated against the Complainant by undermining the Complainant's plea to recalculate the credit report so that the hiring could proceed for gainful employment."
We remind Complainant 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 will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here.
Complainant has not shown that the previous decision erroneously concluded that the Agency's action resulted from inaccurate information, rather than from discriminatory animus. He has offered no evidence to support his allegation that the Agency intentionally undermined his efforts to correct his credit report or otherwise intentionally discriminated against him on the basis of race/color, national origin, or age.
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. 0120122624 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
February 13, 2015
Date
2
0520140542
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140542