King W.,1 Complainant,v.Thomas E. Perez, Secretary Department of Labor (Office of Civil Rights), Agency.

Equal Employment Opportunity Commission

Feb 9, 2016

0520160021 (E.E.O.C. Feb. 9, 2016)

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

King W.,1
Complainant,

v.

Thomas E. Perez, Secretary
Department of Labor
(Office of Civil Rights),
Agency.

Request No. 0520160021

Appeal No. 0120151778

Agency No. 1403086

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120151778
(September 2, 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). For the following
reasons, the Commission DENIES Complainant’s request for reconsideration.

Previously, the Commission affirmed the Agency’s dismissal of Complainant’s complaint for
untimely EEO Counselor contact. In his request, Complainant states that the Agency did not
correctly note the dates of his most recent activity involving the claims raised in this case. We
find that Complainant does not submit any new or previously unavailable evidence with his
request or show that the prior decision was in error. Complainant also does not identify any
evidence likely to have a widespread impact as a result of our prior 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

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.
0520160021

2
Commission to deny the request. The decision in EEOC Appeal No. 0120151778 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, Director
Office of Federal Operations

February 9, 2016
Date