0520160094
03-09-2016
Monroe A.,1 Complainant, v. Jeh Johnson, Secretary, Department of Homeland Security (Customs and Border Protection), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Monroe A.,1
Complainant,
v.
Jeh Johnson,
Secretary,
Department of Homeland Security
(Customs and Border Protection),
Agency.
Request No. 0520160094
Appeal No. 0120140587
Hearing No. 570-2012-00258X
Agency No. HS-CBP-01112-2011
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120140587 (October 21, 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).
During the period at issue, Complainant worked as a Physical Scientist for the Agency's Laboratories and Scientific Service facility, headquartered in Washington DC. Complainant filed a formal EEO complaint alleging that he was subjected to harassment and a hostile work environment based on race, national origin, religion, disability, age, and in reprisal for prior EEO activity.
Our prior appellate decision affirmed the Agency's decision implementing an EEOC Administrative Judge (AJ)'s decision finding no discrimination.
In his Request for Reconsideration, Complainant argues that the Agency erred in issuing a decision implementing the AJ's finding of no discrimination. Complainant provided extensive arguments in support of his original appeal of this matter. Complainant's arguments on his request for reconsideration encompass a variety of matters, including the assertion that in the Commission's October 21, 2015 decision affirming the Agency's decision, "all legal citations are inappropriate because they address the work environments which are totally different that of a Federal office involved with testing, evaluation, procurement and deployment of non-intrusive inspection (NII) and radiation detection (RD) systems for Homeland Security. Secondly, all cases involve termination of employment and do not concern themselves with promotion to a higher grade." Complainant also stated "actions speak louder than words. Evidence of discriminatory statements is hard to come by. Employers do not come out and make remarks which are discriminatory because of political correctness. Furthermore, co-workers are afraid of losing their jobs if they make a statement supporting the Complainant's side of the issue."
However, Complainant on his request to reconsider primarily focuses on the substance of the finding of no discrimination, with arguments that clearly had been raised, or certainly could have been raised, during the original appeal. In this regard, 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. 0120140587 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 9, 2016
__________________
Date
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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