Emmanuel L.,1 Complainant,v.Ray Mabus, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

Nov 17, 2016

0520160484 (E.E.O.C. Nov. 17, 2016)

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

Emmanuel L.,1
Complainant,

v.

Ray Mabus,
Secretary,
Department of the Navy,
Agency.

Request No. 0520160484

Appeal No. 0120141644

Hearing No. 420-2013-00069X

Agency No. 12-00204-01157

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120141644 (July 19, 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).

On April 9, 2012, Complainant filed a formal EEO complaint alleging that from December
2010 through January 2011, he was subjected to a hostile work environment on the bases of
race (African-American) and in reprisal for prior protected EEO activity as evidenced by
information he received from a Freedom of Information Act request on January 13, 2012.
Following an investigation, Complainant timely requested a hearing before an Equal
Employment Opportunity Commission Administrative Judge (AJ). The AJ assigned to the case
granted summary judgment in favor of the Agency, and issued a decision finding that

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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Complainant had not been subjected to discrimination or a hostile work environment as
alleged.

Complainant appealed and, in Emmanuel L. v. Dep’t of the Navy, EEOC Appeal No.
0120141644 (July 19, 2016), the Commission dismissed the appeal pursuant to 29 C.F.R. §
1614.409. The Commission determined that Complainant had filed a civil action alleging the
same matters previously raised in his EEO complaint in the United States District Court for the
Northern District of Florida.

In his request for reconsideration, Complainant expresses his disagreement with the previous
decision and argues that the issues in the civil action are not the same as those in his EEO
complaint. A review of the record reveals that Complainant’s civil action includes claims
related to information he received from his January 2012 Freedom of Information Act request.
Complainant previously raised these matters in his EEO complaint; therefore, Commission
regulations mandate dismissal under these circumstances. The Commission emphasizes that a
request for reconsideration is not a second appeal to the Commission. Equal Employment
Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (Aug. 5, 2015),
at 9-18; see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20,
2007). Rather, a reconsideration request is an opportunity to 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. Complainant has not
done so here.

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. 0120141644 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
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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

November 17, 2016
Date