Jeffrey J. Walker,1 Complainant,v.Andrew M. Saul, Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Jan 24, 2020

2020000294 (E.E.O.C. Jan. 24, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Jeffrey J. Walker,1 Complainant, v. Andrew M. Saul, Commissioner, Social Security Administration, Agency. Request No. 2020000294 Appeal No. 0120182578 Agency No. ATL160674SSA DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120182578 (October 10, 2019). 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 is a former Service Representative at the Agency’s facility in Dothan, Alabama. He filed an EEO complaint alleging he was discriminated against on the bases of race (African American), color, age, and reprisal when: (1) on June 7, 2016, he was not selected for the position of Health Administrator with another Agency; (2) on April 10, 2013, he was not promoted; (3) on April 10, 2013, he was not given an award; (4) on April 10, 2015, he was not promoted; (5) on April 10, 2015, he was not given an award; and (6) the Agency failed to comply with the terms of the Order of March 4, 2015, in the matter of EEOC Appeal No. 0720130027 (March 4, 2015), EEOC Compliance No. 0620150408.2 1 Complainant requested that a pseudonym not replace his name when the decision is published to non-parties and the Commission’s website. 2 Complainant was terminated from his position and filed an EEO complaint on the matter. In Appeal No. 0720130027, the we held that the termination was discriminatory. As a remedy, 2020000294 2 The Agency initially dismissed claims 2-6 and accepted claim 1 for investigation. However, the Agency subsequently also dismissed claim 1 for failure to state a claim. Complainant appealed the Agency’s dismissal, and in Appeal No. 0120172731 (December 5, 2017), we affirmed the dismissal of claims 2-6, but remanded claim 1 for further investigation. The Agency investigated the remanded claim and, based on the evidence developed during the investigation, concluded that Complainant failed to prove that he was subjected to discrimination as alleged. Complainant appealed. In EEOC Appeal No. 0120182578, we affirmed the Agency’s final decision. In his request for reconsideration, Complainant expresses his disagreement with the previous decision and makes some arguments he has made before. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, § VII.A. 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. 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. 0120182578 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. Complainant was offered a reinstatement to his prior position which he rejected, and he resigned from the Agency. 2020000294 3 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 January 24, 2020 Date