Donte L.,1 Complainant,v.Dr. Mark T. Esper, Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Mar 22, 2018

0520180112 (E.E.O.C. Mar. 22, 2018)

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

Donte L.,1
Complainant,

v.

Dr. Mark T. Esper,
Secretary,
Department of the Army,
Agency.

Request No. 0520180112

Appeal No. 0120162564

Agency No. ARCEMEMP12MAR01065

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120162564 (October 11, 2017).
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).

Complainant, hired as a Pipeline Man, XF-3501-07, filed an EEO complaint alleging that the
Agency discriminated against him on the bases of race (African-American) color (black),
disability (post-traumatic stress disorder/PTSD), age (over 40), and/or in reprisal for prior
protected activity when:

1. between February 2012 and March 2012, he was forced to return to the Dredge
Hurly against his medical restrictions;
2. on or about March 13, 2012, he was forced to work on his resume at the
administration building, instead of the Ensley Electrical Shop;

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.
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3. on or about April 19, 2012, he was denied a training opportunity at the
Memphis Federal Office Building;
4. on or about October 23, 2012, he received a Notice of Proposed Removal; and
5. on November 15, 2012, he received a Notice of Removal.

At Complainant’s request, the Agency issued a decision. The Agency found that it had
articulated legitimate, nondiscriminatory reasons for its employment decisions and Complainant
had not shown they were pretextual. The Agency issued a decision on June 23, 2016, finding
no discrimination. On appeal, the Commission affirmed the Agency’s decision.

In his request for reconsideration, Complainant raises no new arguments. 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.
Accordingly, the decision in EEOC Appeal No. 0120162564 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.

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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 22, 2018
Date