[Redacted], Dallas T., 1 Complainant,v.Michael S. Regan, Administrator, Environmental Protection Agency, Agency.

Equal Employment Opportunity Commission

Sep 30, 2021

Appeal No. 2021001473 (E.E.O.C. Sep. 30, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Dallas T.,1 Complainant, v. Michael S. Regan, Administrator, Environmental Protection Agency, Agency. Request No. 2021004089 Appeal No. 2021001473 Hearing No. 570-2017-00942X Agency No. EPA-2016-0093-HQ DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Dallas T. v. Environmental Protection Agency, EEOC Appeal No. 2021001473 (June 3, 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). Complainant, a Program Analyst at the Agency's Office of Land and Emergency Management, Office of Emergency Management (OEM), Resources Management Division (RMD) in Washington D.C, filed an EEO complaint alleging that the Agency discriminated against him based on race (African-American), color (Black), sex (male) and in reprisal for prior protected EEO activity when: 1. on August 31, 2016, Complainant was issued a Leave Restriction Notice; 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. 2021004089 2 2. from July 18, 2016 to August 30, 2016, he was harassed, and he was directed to create Purchase Requests for OEM, Preparedness, Readiness and Operations Division when no previous Contract Officer Representative for Emergency Management Portal was directed to create a PR for another Division of the office; 3. on May 19, 2016, his first and second-line supervisors demanded that he pay their conference fees by close of business without completing the proper paperwork as directed by Agency policy; 4. on May 5, 2016, he was asked to use the purchase card to make a payment, even though the primary card holder was present; 5. from March 3, 2016 to March 22, 2016, management demanded and harassed Complainant to make purchase of iPad cases from Amazon.com within an unreasonable timeframe, including being harassed to deviate from the small acquisition policy/guidance that requires him to use Agency approved third party vendors; 6. from June 2015, he was harassed about not wearing headphones while listening to online training; 7. in April 2015, he was issued a Letter of Warning; 8. in October 2014, he was “chewed out/yelled at” for not attending a voluntary meeting; and 9. in August 2014, his position description was changed from an IT Specialist to a Program Analyst. Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). The AJ assigned to the matter issued a summary judgment decision finding that Complainant was not subjected to discrimination or reprisal as alleged. The Agency issued a final order fully adopting the AJ’s decision. In the appellate decision, the Commission affirmed the final order. In his request for reconsideration, Complainant expresses his disagreement with the previous decision and reiterates arguments previously made and considered on appeal. 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. Complainant has not done so here. Complainant has not presented any persuasive evidence to support reconsideration of the Commission's 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. 2021001473 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2021004089 3 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 September 30, 2021 Date