Filiberto H.,1 Complainant,v.Ray Mabus, Secretary, Department of the Navy, Agency.Download PDFEqual Employment Opportunity CommissionJan 15, 20160520150490 (E.E.O.C. Jan. 15, 2016) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Filiberto H.,1 Complainant, v. Ray Mabus, Secretary, Department of the Navy, Agency. Request No. 0520150490 Appeal No. 0120151337 Hearing No. 570-2012-00338X Agency No. DON-10-63005-01985 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120151337 (July 21, 2015). 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 race, sex, and color discrimination when on May 9, 2010, management issued him a Notice of Directed Return letter. Following an investigation, Complainant requested a hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ). Upon review of the record, the AJ determined that there were no genuine issues of material fact and issued a decision without a hearing finding no discrimination. Specifically, the AJ found that viewing the evidence in a light most favorable to Complainant, he failed to proffer any evidence beyond his bare speculation to show that the Agency’s articulated reasons for its actions were a pretext 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. 0520150490 2 for unlawful discrimination. The Agency’s final order adopted the AJ’s decision. On appeal, the Commission affirmed the Agency’s final order. In his request for reconsideration, Complainant largely reiterates arguments raised and fully considered on appeal. Complainant also contends that the Commission’s decision on appeal applied the wrong standard of review in finding that he failed to show by a preponderance of the evidence that the Agency’s articulated reasons for its actions were pretextual. 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. In so finding, we note that in our decision on appeal, we found that the AJ’s issuance of a decision without a hearing was appropriate as Complainant failed to provide any specific evidence, beyond his general assertions, of a genuine issue of material fact. Further, we found no persuasive evidence to show that the Agency’s actions were based on discriminatory animus toward his race, sex, or color. Upon review of the record we find that our decision on appeal finding that summary judgment in favor of the Agency was correct. Accordingly, the decision in EEOC Appeal No. 0120151337 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 0520150490 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, Director Office of Federal Operations January 15, 2016 Date Copy with citationCopy as parenthetical citation