0520180063
02-21-2018
Erwin C,1 Complainant, v. Elaine L. Chao, Secretary, Department of Transportation (Federal Aviation Administration), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Erwin C,1
Complainant,
v.
Elaine L. Chao,
Secretary,
Department of Transportation
(Federal Aviation Administration),
Agency.
Request No. 0520180063
Appeal No. 0120161901
Hearing No. 471-2015-00075X
Agency No. 201425623FAA04
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120161901 (September 20, 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 worked as an Electronic Technician and Acting Manager at the Ypsilanti System Support Center in Ypsilanti, Michigan. Complainant filed an EEO complaint alleging that he was subjected to discrimination on the bases of race (African American), color (Black), and reprisal when the job qualifications for the position of Program Manager were purportedly changed in order to exclude Complainant from consideration from the applicant pool, resulting in his non-selection in March 2014.
Our prior appellate decision affirmed the EEOC Administrative Judge's (AJ) decision by summary judgment, which found in favor of the Agency, concluding Complainant failed to prove his discrimination claims. In his decision, the AJ found that the Agency cancelled the vacancy announcement because it wanted to re-announce the position to attract a greater number of qualified applicants, and Complainant did not show that the articulated reason was a pretext for discrimination. The AJ noted that the disputed new requirement was not added to the vacancy announcement subsequent to its posting, and that Complainant admitted that the requirement was included in previous vacancy announcements for the Program Manager position.
In his request for reconsideration, Complainant expresses his disagreement with the previous decision, stating that the decision is "incomplete" because it did not provide sufficient facts or evidence. He offers no arguments as to the merits of his complaint, nor does he offer facts or evidence that would show the AJ erred. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, � VII.A. 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. 0120161901 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
February 21, 2018
__________________
Date
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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0520180063