Darren M.,1 Complainant,v.Loretta E. Lynch, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

Equal Employment Opportunity Commission

Mar 29, 2016

0520160024 (E.E.O.C. Mar. 29, 2016)

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

Darren M.,1
Complainant,

v.

Loretta E. Lynch,
Attorney General,
Department of Justice
(Federal Bureau of Prisons),
Agency.

Request No. 0520160024
Appeal No. 0120133054
Agency No. P20120404

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120133054 (September 18, 2015). EEOC Regulations provide that the U.S. Equal
Employment Opportunity 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 that he was discriminated against based on
his race (Black), national origin (Dominican Republic), and reprisal (for prior protected EEO
activity) when: (1) on or about November 8, 2011, he was passed over for an award; (2) on
December 14, 2011, he was charged with being absent without leave; and (3) on December 18,
2011, he was charged with failing to follow orders.

In his request for reconsideration, Complainant argues that he did not enter into a settlement
agreement with respect to the instant complaint, but rather agreed to settle one and only one
complaint referenced by the Agency No. BOP-2014-0246. However, the evidence of record,
which includes the settlement agreement at issue, does not support this contention. After
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.

0520160024

2
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. 0120133054 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. 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

March 29, 2016
Date