[Redacted], Daniel C., 1 Complainant,v.Merrick B. Garland, Attorney General, Department of Justice (Drug Enforcement Administration), Agency.

Equal Employment Opportunity Commission

May 25, 2021

Appeal No. 2019006008 (E.E.O.C. May. 25, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Daniel C.,1 Complainant, v. Merrick B. Garland, Attorney General, Department of Justice (Drug Enforcement Administration), Agency. Request No. 2021002257 Appeal No. 2019006008 Hearing No. 410-2016-00130X Agency No. DEA-2015-01419 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019006008 (January 22, 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 worked as a Special Agent in the Atlanta District Office in Atlanta, Georgia. Complainant filed an EEO complaint alleging he was discriminated against on the bases of race (African American) and reprisal when: 1. On December 4, 2014, he was reassigned to Duty Agent (DA) in the radio room (RR) without any warning; 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. 2021002257 2 2. On December 15, 2014, he was advised by his second line supervisor that he was a liability, that he would never be promoted to GS-13, that he would never to able to move around in Atlanta, and his only chance for advancement would be to leave Atlanta; 3. On January 8, 2015, he was reassigned from RR as the DA to a receptionist position followed by receiving a memorandum that he would be placed on administrative leave for 5 days for failing to follow supervisory instructions; 4. On January 16, 2015, he was issued a memorandum stating that he would be placed on an additional 5 days of administrative leave; 5. On June 4, 2015, an Associate Agent-in-Charge (ASAC) told his second line supervisor that Complainant was “roaming the halls;” and 6. On June 5, 2015, ASAC refused to allow Complainant to attend a mandatory “all-hands meeting.” The Agency dismissed two additional claims that Complainant did not challenge on appeal and which therefore were not addressed. Complainant initially requested a hearing, but subsequently withdrew his request Our prior appellate decision affirmed the Agency’s final decision that concluded that Complainant failed to prove that the Agency subjected him to discrimination as alleged. In his request for reconsideration, Complainant provides no substantive arguments. 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. 2019006008 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. 2021002257 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 May 25, 2021 Date