[Redacted], Elias R., 1 Complainant,v.John P. Roth, Acting Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity Commission

Sep 27, 2021

Appeal No. 2020003867 (E.E.O.C. Sep. 27, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Elias R.,1 Complainant, v. John P. Roth, Acting Secretary, Department of the Air Force, Agency. Request No. 2021003494 Appeal No. 2020003867 Agency No. 9B1C1800175 Hearing No. 430-2019-0057X DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Elias R. v. Department of the Air Force, EEOC Appeal No. 2020003867 (May 19, 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). During the relevant time, Complainant worked as Community Readiness Specialist, GS-09, with the Agency’s 633d Force Support Squadron, Airman, and Family Readiness Center, Langley Air Force Base, Virginia 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. 2 2021001931 On February 28, 201, Complainant filed a formal complaint, claiming unlawful employment discrimination based on race, sex, age, and in reprisal for prior protected activity. Specifically Complainant claimed that the Agency did not select him for the position of Supervisory Airman and Family Readiness GS-13, under Job Announcement No. 9B-AFPC-10055723-00796-SLE; and that the Agency did not select him for the position of Lead Work/Life Consultant, GS-12, under Job Announcement No. 9B-AFPC10065653-991408-VDS. Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). Over Complainant’s objections, the assigned AJ issued a decision without a hearing on March 10, 2020, finding no discrimination was established. When the Agency did not issue a final order within 40 days of receipt of the AJ’s decision, the AJ’s decision because the Agency’s final action, pursuant to 29 C.F.R. § 1614.109(i). Following Complainant’s appeal, the prior appellate decision affirmed the AJ’s decision, which became the Agency’s final action as discussed above. In the instant request for reconsideration, Complainant submits a statement which is largely a reiteration of arguments previously made below. We note that in the prior decision, the Commission explicitly delineated and considered a variety of arguments raised on appeal, which again appear in the instant request. However, we emphasize that 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), 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. 2020003867 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. 3 2021001931 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 27, 2021 Date