Nathaniel S.,1 Complainant,v.Julian Castro, Secretary, Department of Housing and Urban Development, Agency.

Equal Employment Opportunity Commission

Feb 11, 2016

0520160022 (E.E.O.C. Feb. 11, 2016)

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

Nathaniel S.,1
Complainant,

v.

Julian Castro,
Secretary,
Department of Housing and Urban Development,
Agency.

Request No. 0520160022

Appeal No. 0120130706

Hearing No. 570-2012-00203X

Agency No. HUD001172010

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120130706
(August 4, 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 the Agency subjected him to unlawful
discrimination on the bases of his disability (hearing) and age (70 at the relevant time) when on
August 19, 2010, he learned that he was not selected for the position of Accountant, GS-0511-
11 in the Office of Chief Financial Officer. Following an investigation, Complainant requested
a hearing before an EEOC Administrative Judge (AJ). The AJ found that, after viewing the
evidence in a light most favorable to Complainant, a decision without a hearing was
appropriate as there were no genuine issues of material fact in dispute. The AJ issued a
decision finding that Complainant failed to show that he was subjected to unlawful age or

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.
0520160022

2
disability discrimination. The Agency’s final order adopted the AJ’s finding of no
discrimination. On appeal, the Commission found that a decision without a hearing was
appropriate and that the AJ’s finding of no discrimination was supported by the record.

In his request for reconsideration, Complainant largely reiterates his contentions made on
appeal. We find, however, that these arguments were fully considered below and 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. 0120130706 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, Director
Office of Federal Operations

February 11, 2016
Date