[Redacted], Billy B., 1 Complainant,v.Michael R. Pompeo, Secretary, Department of State, Agency.

Equal Employment Opportunity Commission

Jan 14, 2021

Appeal No. 2020000150 (E.E.O.C. Jan. 14, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Billy B.,1 Complainant, v. Michael R. Pompeo, Secretary, Department of State, Agency. Request No. 2021000708 Appeal No. 2020000150 Hearing No. 570-2017-01282X Agency No. DOS-0294-16 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Billy B. v. Dep’t of State, EEOC Appeal No. 2020000150 (Sept. 30, 2020). 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). Complainant was employed by Pacific Architects and Engineers (PAE) working as a General Justice Advisor in the Agency's Criminal Justice Support Program in Monrovia, Libera from June 12, 2012 through April 17, 2016. Complainant filed an EEO complaint alleging that the Agency discriminated against him based on race (association with someone of African race), national origin (association with someone of Liberian national origin), and in reprisal for prior protected EEO activity when: 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. 2021000708 2 1. On April 12, 2016, the Agency requested the contract company PAE to terminate Complainant's position as a Justice Advisor in Monrovia, Liberia; and 2. In November 2016, the Agency advised a contracting company, Tetra Tech, not to select Complainant for the Prosecution Advisor position at the U.S. Embassy in Monrovia. Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ) who issued a summary judgment decision finding that Complainant was not subjected to discrimination or reprisal. The Agency subsequently issued a final order fully implementing the AJ’s decision. In our previous decision, we affirmed finding that Complainant failed to rebut the Agency’s legitimate, nondiscriminatory reasons for its actions as pretextual. Specifically, the Agency stated that Complainant violated the terms of his contract which resulted in him being removed from the contract, and he was subsequently not approved to perform on the task order. A request for reconsideration is not a second appeal to the Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at 9-18 (Aug. 5, 2015); see, e.g., Lopez v. Dep’t of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 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. He has not presented any argument or evidence tending to establish the existence of either reconsideration criterion. He merely attempts to relitigate the merits of his appeal, raising contentions similar to those that we considered and rejected in our previous decision. 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. 2020000150 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. 2021000708 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 January 14, 2021 Date