Complainant,v.Tom J. Vilsack, Secretary, Department of Agriculture (Forest Service), Agency.Download PDFEqual Employment Opportunity CommissionApr 1, 20150520150092 (E.E.O.C. Apr. 1, 2015) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 , Complainant, v. Tom J. Vilsack, Secretary, Department of Agriculture (Forest Service), Agency. Request No. 0520150092 Appeal No. 0120131195 Hearing No. 550-2012-00379X Agency No. CRSD201200803 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120131195 (October 23, 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 our prior decision, we affirmed the Agency’s adoption of an EEOC Administrative Judge’s decision to dismiss Complainant’s class complaint for failure to state a claim. The AJ reasoned that the class complaint did not allege that the class members were being treated less favorably than others because of their religion (Christian). Rather, the AJ found that the complaint really concerned the fact that the Agency has taken action to ensure that all employees, Christian and non-Christian alike, are provided with a secularized work environment in which no religion is promoted over another. We noted on appeal that Complainant pointed to the Agency celebrations of federally designated heritage months as evidence in support of his claim of discrimination against Christians. However, none of these examples were religion-based and did not amount to an allegation that the Agency is promoting a particular religious organization, beliefs or holidays. In his request for reconsideration, Complainant expresses his frustration with our conclusion but sets forth no argument as to how either of the criteria set forth above is met. 0520150092 2 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. 0120131195 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 1, 2015 Copy with citationCopy as parenthetical citation