Raleigh T.,1 Complainant,v.Beth F. Cobert, Acting Director, Office of Personnel Management, Agency.

Equal Employment Opportunity Commission

Dec 15, 2016

0520170008 (E.E.O.C. Dec. 15, 2016)

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

Raleigh T.,1
Complainant,

v.

Beth F. Cobert,
Acting Director,
Office of Personnel Management,
Agency.

Request No. 0520170008

Appeal No. 0120142410

Agency No. 2011028

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120142410 (August 19, 2016). 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 claimed that he was discriminated against on the
bases of his disability (Attention Deficit Hyperactive Disorder) and in reprisal for his prior
EEO activity under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., and Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et
seq. when:

1. On June 8, 2011, the Agency failed to act upon or reply to Complainant’s request for a
Schedule A review of his application for the position of Archivist (Processing), with the
Department of Interior;

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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2. On July 13, 2011, the Agency notified Complainant he was not eligible for the
Archivist (Processing) position;

3. On July 15, 2011, the Agency notified Complainant he was not eligible for the position
of Social Scientist, GS-0101-09/11, with the Department of Interior;

4. On July 22, 2011, the Agency failed to reverse Complainant’s ineligible status for the
position of Social Scientist;

5. On August 18, 2011, the Agency failed to take corrective action for the “unprofessional
application review procedures by the Agency’s San Francisco Services Branch.”

In its final decision, the Agency determined that no discrimination occurred. The Agency
stated that Complainant did not show he was treated less favorably than others under similar
circumstances or that his disability was a motivating factor in the cited issues. With regard to
Complainant’s claim of reprisal, the Agency determined that Complainant failed to establish
reprisal because Complainant did not submit any information to the record indicating that the
Agency officials involved in claims (1-2) had knowledge of his prior EEO activity. As for
claims (3-5), the Agency determined that it articulated legitimate, nondiscriminatory reasons
for its actions, which Complainant failed to show were a pretext for discrimination or reprisal.

On appeal, the Commission noted that Complainant argued that the Agency did not adhere to
the Schedule A policy with regard to a non-competitive appointment for an individual with a
disability. However, we rejected Complainant’s contentions that the Agency discriminatorily
determined that he was ineligible for the Archivist and Social Scientist positions.

In his request for reconsideration, Complainant merely reiterates contentions that were
considered in the previous decision. We note that a “request for reconsideration is not a second
appeal to the Commission.” E.g., Lopez v. Dep’t of Agriculture, EEOC Request No.
0520070736 (Aug. 20, 2007); EEO Management Directive for Part 1614 (EEO MD-110),
Chap. 9, §VII.A. (Aug. 5, 2015). 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. 0120142410 remains the
Commission's decision. There is no further right of administrative appeal on the decision of
the Commission on this request.

0520170008

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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

December 15, 2016
Date