Edwardo V.,1 Complainant,v.Eric K. Fanning, Secretary, Department of the Army, Agency.Download PDFEqual Employment Opportunity CommissionSep 22, 20160520160416 (E.E.O.C. Sep. 22, 2016) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Edwardo V.,1 Complainant, v. Eric K. Fanning, Secretary, Department of the Army, Agency. Request No. 0520160416 Appeal No. 0120142378 Agency No. ARREDSTON12NOV04795 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120142378 (June 2, 2016). 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 his underlying complaint, Complainant alleged that the Agency subjected him to unlawful discrimination on the bases of his sex and in reprisal for prior protected EEO activity when on October 9, 2012, he learned that he could not compete for either a temporary or permanent Program Analyst, GS-0343-13, position. In its final decision, the Agency concluded that Complainant failed to prove that the Agency had discriminated against him. On appeal, the Commission affirmed the Agency’s finding of no discrimination. 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. 0520160416 2 In his request for reconsideration, Complainant reiterates the arguments he raised on appeal. The Agency explains that Complainant was unable to compete because both selections were made noncompetively. The position was filled temporarily by a coworker of Complainant who had earlier volunteered to perform some of the position’s duties while it was unoccupied. The position was filled permanently using a program called “Always a Soldier” which gave hiring preference to veterans who were 30 percent or more disabled. These are legitimate, nondiscriminatory reasons for the Agency’s actions. Complainant does not dispute the truth of the Agency’s reasons nor does he contend that he is a 30 percent disabled veteran eligible to be hired under the “Always a Soldier” program. We find that Complainant’s arguments do not 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. Accordingly, we find that Complainant has failed to demonstrate that the Commission should reconsider its appellate decision. 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. 0120142378 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 0520160416 3 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 September 22, 2016 Date Copy with citationCopy as parenthetical citation