0520110635
02-05-2015
Complainant, v. Penny Pritzker, Secretary, Department of Commerce (Bureau of the Census), Agency.
Complainant,
v.
Penny Pritzker,
Secretary,
Department of Commerce
(Bureau of the Census),
Agency.
Request No. 0520110635
Appeal No. 0120112795
Agency No. 106300456D
DENIAL
Complainant timely requested reconsideration of the decision in Complainant v. Department of Commerce, EEOC Appeal No. 0120112795 (July 23, 2011). 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 the appellate decision, the Commission affirmed the Agency's final decision (FAD) finding that Complainant failed to establish that he was discriminated against when he was not selected for a position. Complainant appealed to the Commission. The Commission found that Complainant failed to show that he was discriminated against as alleged. Complainant requested that the Commission reconsider its appellate decision.
In his request for reconsideration, Complainant mainly argues that the Agency failed to assert a legitimate, nondiscriminatory reason for its actions. Complainant also argues that the Agency erred in the processing of his EEO complaint and that his appeal in the appellate case identified 12 errors or examples of bias in the FAD.
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. We note that Complainant reiterated his argument that the Agency failed to assert a legitimate, nondiscriminatory reason for its actions. He did not, however, establish that the previous decision clearly erred in (1) finding that the Agency did in fact present legitimate, non-discriminatory reasons for its selection decision and (2) that Complainant failed to establish that discrimination played a role in the agency's actions. We remind Complainant that a reconsideration request is not a second appeal. Accordingly, we find that Complainant failed to demonstrate that the appellate 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.
Further, we note that with regard to Complainant's assertions regarding the Agency's processing of his EEO complaint, we find that these matters do not raise an issue with the appellate decision itself. Likewise, we find that a request for reconsideration is not the forum for raising such claims.
Finally, with regard to Complainant's contentions that the FAD contained 12 errors, we find that, even assuming his contentions are true and these errors are present, he has not established that these matters are material.
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. 0120112795 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
ith 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
__2/5/15________________
Date
2
0520110635
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110635