Everette C.,1 Complainant,v.Loretta E. Lynch, Attorney General, Department of Justice (U.S. Marshals Service), Agency.Download PDFEqual Employment Opportunity CommissionJun 23, 20160520160244 (E.E.O.C. Jun. 23, 2016) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Everette C.,1 Complainant, v. Loretta E. Lynch, Attorney General, Department of Justice (U.S. Marshals Service), Agency. Request No. 0520160244 Appeal No. 0120160757 Agency No. USM201500088 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120160757 (March 3, 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). The record indicates that Complainant filed his complaint on November 17, 2014, alleging discrimination based on race (African-American) when on January 28, 2014, the Agency caused “AKAL” security to terminate his employment. On April 22, 2015, the Agency issued its final decision dismissing the complaint due to untimely EEO Counselor contact pursuant to 29 C.F.R. § 1614.107(a)(2). Complainant appealed and the Commission affirmed the Agency’s dismissal for the complaint. In his request, Complainant reiterates his arguments previously made. 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. 0520160244 2 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. 0120160757 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 June 23, 2016 Date U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Chi E.,1 Complainant, v. Eric K. Fanning, Secretary, Department of the Army, Agency. Request No. 0520160245 Appeal No. 0120160549 Agency No. ARREDSTON13JUL02070 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120160549 (February 17, 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). The record indicates that on February 24, 2014, the parties entered into a settlement agreement resolving Complainant’s complaint. The settlement agreement provided, in pertinent part, that: [The Agency] will reinstate the performance rating for the period April, 2012 – April, 2013, and will cancel the 120 day rating period previously directed by the step three grievance decision, dated September 30, 2013. The April 2013 rating stands and serves as the annual rating of record for 2013. [Complainant] will be placed under standards upon reporting to AOAP and will receive an annual rating based on those standards immediately preceding his promotion to GS13. This will serve as his 2014 annual 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. 0520160245 2 rating of record. When he reaches his target grade, his rating cycle will be aligned with all other GS-13s. Thereafter, on August 28, 2015, Complainant alleged that the Agency breached the settlement agreement. On October 6, 2015, the Agency issued its final decision acknowledging its initial failure to fully comply with the foregoing term of the settlement but finding no breach of the settlement agreement. Complainant appealed and the Commission affirmed the Agency’s finding of no settlement breach noting the fact that the Agency ultimately complied with the agreement on September 15, 2015, when an official “Annual Appraisal” with a performance rating of “5” or “Exceptional” was added to Complainant’s Official Personnel File. In his request, Complainant reiterates the claims previously made. 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. 0120160549 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 0520160245 3 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 June 23, 2016 Date Copy with citationCopy as parenthetical citation
