Foster W.,1 Complainant,v.Ashton B. Carter, Secretary, Department of Defense (Office of the Secretary of Defense), Agency.Download PDFEqual Employment Opportunity CommissionJun 16, 20160520160223 (E.E.O.C. Jun. 16, 2016) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Foster W.,1 Complainant, v. Ashton B. Carter, Secretary, Department of Defense (Office of the Secretary of Defense), Agency. Request No. 0520160223 Appeal No. 0120160471 Agency No. 2015FMD040 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120160471 (February 23, 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 the Agency identified Complainant’s complaint as alleging discrimination based on race (African-American) and color (black/brown) when he was subjected to harassment on a number of occasions from August 12, 2015, to September 22, 2015. Complainant did not dispute the Agency’s framing of his claims. The Agency issued its final decision dismissing the complaint for failure to state a claim pursuant to 29 C.F.R. §1614.107(a)(1). Complainant appealed the Agency’s decision and other than filing a notice of appeal, he did not file his appeal brief. The Commission previously affirmed the Agency’s final decision. In his request, Complainant claims that his complaint was improperly dismissed. 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. 0520160223 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. 0120160471 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 16, 2016 Date Copy with citationCopy as parenthetical citation