[Redacted], Arnold W., 1 Complainant,v.Andrew M. Saul, Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Aug 16, 2021

Appeal No. 2020002445 (E.E.O.C. Aug. 16, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Arnold W.,1 Complainant, v. Andrew M. Saul, Commissioner, Social Security Administration, Agency. Request No. 2021003207 Appeal No. 2020002445 Hearing No. 531-2019-00526X Agency No. HQ-18-0727 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020002445 (April 14, 2021). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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 reflects that in ac formal complaint filed on August 25, 2018, Complainant alleged discrimination based on race, sex, disability, and in reprisal for prior EEO activity when on August 8, 2018, he was terminated from federal service. Upon completion of the investigation of the complaint, Complainant requested a hearing before an EEOC Administrative Judge (AJ). The AJ issued a decision dismissing the hearing request. The AJ found that the matter was a mixed case complaint involving an action appealable to the Merit Systems Protection Board (MSPB). The AJ found that the EEOC did not have jurisdiction over the complaint. 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. 2021003207 2 The AJ remanded the complaint to the Agency for a final decision. Subsequently, the Agency issued its final decision finding no discrimination. EEOC Regulation 29 C.F.R. § 1614.302(d)(1)(ii) requires that if complainants are dissatisfied with the agency’s final decision on a mixed case complaint, complainants may appeal the matter to the MSPB (not the EEOC) within 30 days of receipt of the Agency’s final decision. Individuals who have received a final decision from the MSPB on the appeal of a final decision on a mixed case complaint may petition the EEOC to consider the MSPB’s decision 29 C.F.R. § 1614.303(a). In its final decision, the Agency indicated that the instant complaint was a mixed case complaint, pursuant to 29 C.F.R. § 1614.302. Complainant does not dispute this on appeal, In its decision, the Agency clearly advised Complainant of his right to appeal its final decision to the MSPB and not to the EEOC. Complainant, however, filed his appeal with the EEOC. Under the regulations, the Commission has no jurisdiction to consider Complainant’s appeal. Subsequently, the Commission dismissed Complainant’s appeal. In his request for reconsideration of that decision, Complainant essentially repeats the same arguments made and considered during his original appeal. 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. 2020002445 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. 2021003207 3 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 August 16, 2021 Date