[Redacted], Chad T., 1 Complainant,v.William P. Barr, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

Equal Employment Opportunity Commission

Jan 27, 2021

Appeal No. 0120181204 (E.E.O.C. Jan. 27, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Chad T.,1 Complainant, v. William P. Barr, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency. Request No. 2021000397 Appeal No. 0120181204 Hearing No. 510-2016-00360X Agency No. BOP-2015-02209 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Chad T. v. Dep’t of Justice, EEOC Appeal No. 0120181204 (Sept. 6, 2019). 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, a GS-12 Unit Manager at the Agency’s facility in Pensacola, Florida, filed an EEO complaint wherein he claimed that he was subjected to discrimination and a hostile work environment on the bases of his race (Caucasian), sex (male), religion (Catholic) and in reprisal for his prior protected EEO activity when the Warden ordered him to attend the Lesbian, Gay, Bisexual and Transgender (LGBT) Special Emphasis Program on June 24, 2015. 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. 2021000397 2 Complainant claimed that after he informed the Warden that attending the event was against his religion, the Warden got within a foot of his face and pointed his finger, saying “You are going to the Program.” In its final decision, the Agency found that legitimate, nondiscriminatory reason were presented for requiring Complainant to attend the LGBT Program. Specifically, the Warden stated that he wanted his department heads to attend the presentation to show support for the LBGT staff and for the speaker. The Agency further determined that it did not fail to provide Complainant with a religious accommodation. According to the Agency, the evidence failed to corroborate Complainant’s claim that the Warden knew about his religious beliefs. As for Complainant’s hostile work environment claim, the Agency determined that Complainant failed to establish a hostile work environment as this was a single incident and no witness corroborated Complainant’s claim that the Warden invaded his personal space and placed his finger in Complainant’s face. On appeal, the Commission affirmed the Agency’s final decision. In his request for reconsideration, Complainant contends that the Agency did not respond to the argument he submitted on appeal. Complainant requests an award of $50,000.00. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (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. We find that Complainant has not presented any persuasive evidence to support reconsideration of the Commission’s decision. Complainant has not refuted the explanations that the Agency provided for the actions at issue. Complainant has failed to establish that he was subjected to discrimination or a hostile work environment on the bases of race, sex, religion, or reprisal with regard to the matters at issue. 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. 0120181204 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. 2021000397 3 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 January 27, 2021 Date