Miles T.,1 Complainant,v.Bill Johnson, President and Chief Executive Officer, Tennessee Valley Authority, Agency.

Equal Employment Opportunity Commission

Apr 12, 2018

0120181031 (E.E.O.C. Apr. 12, 2018)

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

Miles T.,1
Complainant,

v.

Bill Johnson,
President and Chief Executive Officer,
Tennessee Valley Authority,
Agency.

Appeal No. 0120181031

Agency No. TVA-2017-0050

DECISION

Upon review, we find that the Agency’s decision dated September 25, 2017, dismissing
Complainant’s complaint for stating the same claim that had been decided by the Agency and/or
for alleging dissatisfaction with the processing of a previously filed complaint is proper pursuant
to 29 C.F.R. §§ 1614.107(a)(1) and (8).

At the time of events giving rise to this complaint, Complainant was a former Agency employee.
On September 5, 2017, Complainant filed the instant complaint alleging discrimination based on
disability when Agency management had continuously discriminated against him by not granting
his disability retirement benefits. Complainant also included his electronic messages indicating
his dissatisfaction with the Agency’s processing of his prior EEO complaints concerning the
same issue, i.e., the denial of his disability retirement benefits. As relief, Complainant sought
retroactive/future disability retirement benefits that were due him.

The record indicates that Complainant retired from the Agency in 1992. It appears that
Complainant applied for disability retirement in August 1992, but was denied in June 1993.
Complainant sought reconsideration of the denial several times in 1999, which requests were
denied each time. Complainant then applied and was approved for Deferred Special Service
retirement benefits in November 2002.

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.
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The record indicates that Complainant previously filed EEO complaints and appeals and requests
for reconsideration to the Commission stating the same matter concerning the Agency’s denial of
his disability retirement benefits at issue.

Initially, on January 18, 2012, Complainant filed his EEO complaint, Agency No. TVA-2012-
019, alleging the same matter concerning his disability retirement benefits at issue. Our records
indicate that the Agency issued its final decision dismissing the complaint due to untimely EEO
Counselor contact pursuant to 29 C.F.R. § 1614.107(a)(2) and/or for raising the same matter that
was previously decided by the Agency or the Commission pursuant to 29 C.F.R.
§1614.107(a)(1). Complainant appealed. The Commission affirmed the Agency’s decision in
EEOC Appeal No. 0120121443 (March 27, 2012), request for reconsideration denied, EEOC
Request No. 0520120355 (June 21, 2012) and in EEOC Appeal No. 0120123217 (December 20,
2012), request for reconsideration denied, EEOC Request No. 0520130584 (May 29, 2014).

On October 3, 2012, Complainant filed another EEO complaint, Agency No. TVA-2012-161,
alleging the same matter at issue. The Agency dismissed the complaint for raising the same
matter that was previously decided the Agency or the Commission pursuant to 29 C.F.R.
§1614.107(a)(1). Complainant appealed. The Commission in EEOC Appeal No. 0120130775
(May 8, 2013) affirmed the Agency’s decision.

On July 25, 2016, Complainant filed another EEO complaint, Agency No. TVA-2016-0075,
alleging the same matter at issue. The Agency dismissed the complaint. Complainant appealed.
The Commission affirmed the Agency’s decision in EEOC Appeal No. 0120170098 (March 9,
2017), request for reconsideration denied, EEOC Request No. 0520170275 (July 28, 2017).

Based on the foregoing, we find that the Agency properly dismissed the complaint for stating the
same claim concerning his disability retirement benefits at issue that was previously decided by
the Agency or the Commission. 29 C.F.R. § 1614.107(a)(1). Furthermore, we find that the
Agency properly dismissed the complaint for alleging dissatisfaction with the processing of a
previously filed complaint. 29 C.F.R. § 1614.107(a)(8). On appeal, Complainant submits
numerous documents and email messages, wherein which he merely reiterates arguments he
previously made. We note that Complainant’s discovery of new evidence that may or may not
support his claim at issue does not constitute a new claim.

Accordingly, the Agency's final decision dismissing Complainant's complaint is AFFIRMED.
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STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
The Commission may, in its discretion, reconsider the decision in this case if the Complainant or
the Agency submits a written request containing arguments or evidence which tend to establish
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.
Requests to reconsider, with supporting statement or brief, must be filed with the Office of
Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. A party
shall have twenty (20) calendar days of receipt of another party’s timely request for
reconsideration in which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405;
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110),
at Chap. 9 § VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the
Director, Office of Federal Operations, Equal Employment Opportunity Commission.
Complainant’s request may be submitted via regular mail to P.O. Box 77960, Washington, DC
20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. In the absence of a
legible postmark, the request to reconsider shall be deemed timely filed if it is received by mail
within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. The
agency’s request must be submitted in digital format via the EEOC’s Federal Sector EEO Portal
(FedSEP). See 29 C.F.R. § 1614.403(g). The request or opposition must also include proof of
service on the other party.
Failure to file within the time period will result in dismissal of your request for reconsideration
as untimely, unless extenuating circumstances prevented the timely filing of the request. Any
supporting documentation must be submitted with your request for reconsideration. The
Commission will consider requests for reconsideration filed after the deadline only in very
limited circumstances. See 29 C.F.R. § 1614.604(c).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610)
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. If you
file a request to reconsider and also file a civil action, filing a civil action will terminate the
administrative processing of your complaint.
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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

April 12, 2018
Date