Darell B.,1 Complainant,v.Jeff B. Sessions, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.Download PDFEqual Employment Opportunity CommissionAug 7, 20180520180252 (E.E.O.C. Aug. 7, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Darell B.,1 Complainant, v. Jeff B. Sessions, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency. Request No. 0520180252 Appeal No. 0120180398 Agency No. BOP-2016-0789 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120180398 (January 25, 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 the underlying complaint, Complainant claims that the Agency discriminated against him based on national origin (not specified), sex (male), age (52), and reprisal related to his non-selection to various positions. In its decision, the Agency identified 30 claims regarding non-selections. Our previous decision affirmed the Agency’s decision to hold all non-selection reprisal claims in abeyance because those claims were subsumed within the pending class action, Turner, et al. v. Department of Justice, EEOC No. 541-2008-00255X. 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. 0520180252 2 However, the Agency’s decision noted that it will continue to process the remaining claims, except for six claims that it dismissed for untimely EEO contact. The Agency’s decision also noted that it would continue to investigate the reprisal claims, in the event that the class action at some future point is dismissed. In his reconsideration request, Complainant asserts that the Agency improperly dismissed part of his complaint and requests that the Commission order the Agency to investigate those claims.2 EEOC Regulation 29 C.F.R. § 1614.107(b) provides that where the agency believes that some, but not all, of the claims in a complaint should be dismissed, the agency shall notify the complainant in writing of its determination, the rationale for that determination, and that those claims will not be investigated. A determination under this paragraph is reviewable by an administrative judge if a hearing is requested on the remainder of the complaint, but is not appealable until final action or final decision is taken on the remainder of the complaint. See Mica B. v. Fed. Communications Comm., EEOC DOC 0520150413 (Dec. 3, 2015). 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. 0120180398 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. 2Complainant does not address the decision to hold his reprisal non-selection claims in abeyance. 0520180252 3 The court has the sole discretion to grant or deny these types of requests. Such requests do not alter 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 August 7, 2018 Date Copy with citationCopy as parenthetical citation