Isaiah P,1 Complainant,v.Elaine L. Chao, Secretary, Department of Transportation (Federal Aviation Administration), Agency.

Equal Employment Opportunity Commission

May 10, 2018

0520180221 (E.E.O.C. May. 10, 2018)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Isaiah P,1
Complainant,

v.

Elaine L. Chao,
Secretary,
Department of Transportation
(Federal Aviation Administration),
Agency.

Request No. 0520180221

Appeal No. 0120160573

Agency No. 2014-25451-FAA-05

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120160573 (January 19, 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).

In his underlying complaint, Complainant alleged that the Agency subjected him to unlawful age
discrimination when on December 2, 2013, he learned that he was not selected for any of the vacant
positions of Air Traffic Control Specialist (ATCS), advertised under vacancy announcement
number ASW-ATO-12-323-31236. Following an investigation, the Agency issued a final decision
finding that Complainant failed to prove that he was discriminated against as alleged. On appeal,
the Commission affirmed the Agency’s final decision, concluding that the Agency articulated
legitimate, nondiscriminatory reasons for its actions that Complainant failed to show were

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.
0520180221

2
pretextual. Specifically, that Complainant was not one of the 16 selectees out of 93 candidates
because the selectees received better recommendations than Complainant.

In his request for reconsideration, Complainant reiterates his contention that his qualifications were
superior to those of the selectees, that the statements of management officials are not worthy of
belief, and states that the Commission failed to consider his brief on appeal. While we
acknowledge that the decision on appeal incorrectly stated that Complainant did not submit a brief
on appeal, we note that all of the arguments made in Complainant’s appeal brief were fully
considered in the prior decision, and he has not proffered any arguments or evidence that establish
that his qualifications for the position at issue were observably superior to those of the selectees.
Accordingly, 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. 0120160573 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.

0520180221

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

May 10, 2018
Date