[Redacted], Edwardo V., 1 Complainant,v.Eugene Scalia, Secretary, Department of Labor (Mine Safety & Health Administration), Agency.

Equal Employment Opportunity Commission

Jan 22, 2021

Appeal No. 2019004059 (E.E.O.C. Jan. 22, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Edwardo V.,1 Complainant, v. Eugene Scalia, Secretary, Department of Labor (Mine Safety & Health Administration), Agency. Request No. 2021000502 Appeal No. 2019004059 Agency No. DOL 18-03-071 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Taylor Z. v. Dep’t of Labor, EEOC Appeal No. 2019004059 (Sept. 24, 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). In the underlying complaint, Complainant alleged that the Agency subjected him to discrimination and a hostile work environment based on disability when: (1) on November 27, 2017, management informed him that he did not meet the Agency’s hearing standards, declined to honor a pre-existing waiver of those standards that he had, placed him on light duty, and declined to grant him a reasonable accommodation in the form of a new waiver of the hearing standards, even though other comparable employees were granted new waivers of the Agency’s hearing standards after the Agency decided not to honor its old waivers; and (2) since November 27, 2017, management has denied his request to serve as a Surface Mine Inspector, even though management created a 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. 2021000502 2 Surface Mine Inspector position for another employee who failed to meet the Agency’s hearing standards. Following an investigation, the Agency issued a final decision finding no discrimination. In the appellate decision, the Commission affirmed the final decision finding that the record supported that Complainant was not a qualified individual with a disability under the Rehabilitation Act and the Agency was not bound to offer him a reasonable accommodation in his prior position. We concluded that Agency management offered Complainant reassignment to a different position at the same grade, and he accepted it. Therefore, we found that the Agency met its obligation to provide Complainant a reasonable accommodation. In addition, we found that the Agency articulated legitimate, nondiscriminatory reason for its actions which Complainant failed to show were pretextual. As a result, the Commission found that Complainant was not subjected to discrimination or a hostile work environment as alleged. 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. 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. 2019004059 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. 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. 2021000502 3 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 22, 2021 Date