Murray H., Complainant,v.Jeff B. Sessions, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity Commission

Jul 20, 2017

0520170322 (E.E.O.C. Jul. 20, 2017)

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

Murray H.,
Complainant,

v.

Jeff B. Sessions,
Attorney General,
Department of Justice,
Agency.

Request No. 0520170322

Appeal No. 0120171071

Agency No. EOI-2016-01082

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120171071
(April 4, 2017). 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).

The record indicates that in his complaint filed on October 4, 2016, Complainant alleged
discrimination based on age when as of the filing date, he was not selected for the position of
Immigration Judge in one of the following Immigration Courts: EOI-16-154129-JC-Arlington
Immigration Court; EOI-16-154469-JC-Baltimore Immigration Court; EOIR-16-1542684-JC-
Miami Immigration Court; and, EOIR-16-1542723-JC-Orlando Immigration Court. On
December 14, 2016, the Agency issued its final decision dismissing the complaint for failure to
state a claim since the hiring process for those positions was still on going, pursuant to 29 C.F.R.
§ 1614.107(a)(1). Upon Complainant’s appeal, the Commission affirmed the Agency’s final
decision dismissing the complaint. In his request, Complainant indicates that he subsequently
was not selected to two Immigration Judge positions on April 10, 2017, and on February 6, 2017.

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.
0520170322

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We note that these matters may be new incidents which Complainant did not raise in the instant
complaint. If Complainant wishes to pursue these nonselections through the EEO process, then
he should contact an EEO Counselor pursuant to 29 C.F.R. § 1614.105(a)(1). Even if these
alleged nonselections stem from the claims he raised in the instant complaint, such nonselections
occurred, according to Complainant, after he filed the instant complaint and after the Agency
issued its decision dismissing the complaint. Thus, the prior decision properly found that
Complainant was not aggrieved when he filed his complaint.

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. 0120171071 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.

0520170322

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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

July 20, 2017
Date