Leon P.,1 Complainant,v.Rick Perry, Secretary, Department of Energy, Agency.

Equal Employment Opportunity Commission

Jan 8, 2020

2019005669 (E.E.O.C. Jan. 8, 2020)

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

Leon P.,1
Complainant,

v.

Rick Perry,
Secretary,
Department of Energy,
Agency.

Request No. 2019005669

Appeal No. 0120181363

Agency No. 16-0088-WAPA

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120181363 (July 3, 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).

In the underlying complaint, Complainant claimed that the Agency discriminated against him
based on his age (61) when, on April 14, 2016, the Agency did not select him for a Civil Engineer,
grade GS-12, vacancy at the Agency’s Rocky Mountain Regional Office in Loveland, Colorado.
Complainant stated that the Agency should have selected him based on his ten years of prior
experience as a Civil Engineer between 2000 and 2010 at the Rocky Mountain Regional Office.

Following its investigation into Complainant’s allegations, the Agency issued a final decision
concluding no discrimination had been established. Complainant appealed.

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.
2 2019005669

In Appeal No. 0120181363, we affirmed the Agency’s final decision, determining that the
evidentiary record did not establish the existence of a discriminatory motivation on the part of any
of the individuals involved in the selection decision in question.

In his request for reconsideration, Complainant expresses his disagreement with the prior decision
and attempts to expand on arguments already raised, or could have been raised, during the initial
appeal. 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.

Complainant’s request additionally asserts that a draft settlement agreement meant that he had
prevailed until the Agency reneged on offering him the position. We reject Complainant’s
contention because the draft settlement agreement was never signed by both parties. Such an
unsigned draft settlement agreement was non-binding against the Agency pursuant to 29 C.F.R. §
1614.603.

After reviewing the previous decision and the entire record, the Commission finds this 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. 0120181363 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.

3 2019005669

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

January 8, 2020
Date