Mitchell H,1 Complainant,v.Jeh Johnson, Secretary, Department of Homeland Security (Transportation Security Administration), Agency.

Equal Employment Opportunity Commission

Mar 23, 2016

0520150489 (E.E.O.C. Mar. 23, 2016)

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

Mitchell H,1
Complainant,

v.

Jeh Johnson,
Secretary,
Department of Homeland Security
(Transportation Security Administration),
Agency.

Request No. 0520150489
Appeal No. 0120131007
Agency No. HSTSA006302011

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120131007 (July 15, 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).

In his underlying complaint, Complainant alleged that he was subjected to unlawful
discrimination on the basis of his race when: (1) on February 23, 2010, during a meeting, an
Assistant Federal Security Director (AD) stated that "you people must be removed from
Federal Service;" (2) on December 27, 2010, he was issued a 3-day suspension; and (3) on
June 29, 2011, a supervisor spoke to him in a harsh manner and warned that he would be
written up the next time he brought his personal jacket to the checkpoint.

In his request for reconsideration, Complainant argues that AD's name was left out and no
consideration was given to his history of behavior indicating that he was not an honest
supervisor. With regard to his suspension, Complainant argues that AD failed to consider the
previous problem history of his female co-worker (C1) who complained that she felt
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.

0520150489

2
intimidated by Complainant and again argues that no consideration was given to her
unprofessional behavior. Lastly, with respect to the third claim, Complainant again argues that
his jacket was never taken to the checkpoint. However, the evidence of record does not
support Complainant’s contentions and there is insufficient evidence in the record to support
discriminatory animus. 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. 0120150602 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’s signature
Carlton M. Hadden, Director
Office of Federal Operations

March 23, 2016
Date