Gale C.,1 Complainant,v.Emily W. Murphy, Administrator, General Services Administration, Agency.Download PDFEqual Employment Opportunity CommissionApr 3, 20192019001135 (E.E.O.C. Apr. 3, 2019) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Gale C.,1 Complainant, v. Emily W. Murphy, Administrator, General Services Administration, Agency. Request No. 2019001135 Appeal No. 0120181967 Agency No. GSA-18-R2-P-0001 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Gale C. v. Gen. Servs. Admin., EEOC Appeal No. 0120181967 (Sept. 6, 2018). 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, a Contracting Officer at the Agency’s facility in New York, New York, filed an EEO complaint alleging that the Agency subjected him to discrimination on the bases of race (African American), color (Black), age, and in reprisal for prior protected EEO activity when, on August 22, 2017, a named Agency employee made a false statement about Complainant which led to an investigation. The Agency dismissed the complaint for failure to state a claim. Complainant appealed, and our previous decision affirmed the Agency’s dismissal decision. 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. 2019001135 2 Therein, we found that Complainant failed to assert that he actually had been aggrieved. Further, we noted that Complainant never alleged that the investigation resulted in any adverse action being taken against him and that the possibility that the false statement might impact his future employment opportunities was too speculative to establish that he had been aggrieved. Accordingly, we found that the Agency properly dismissed the complaint for failure to state a claim. 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), at 9-18 (Aug. 5, 2015); 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. He has not presented any argument or evidence tending to establish the existence of either reconsideration criterion. Instead, in essence, he is attempting to reargue his appeal on the merits, raising the same contentions that we rejected in our previous decision. 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. 0120181967 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. 2019001135 3 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 April 3, 2019 Date Copy with citationCopy as parenthetical citation