[Redacted], Emil Z., 1 Complainant,v.Gina M. Raimondo, Secretary, Department of Commerce, Agency.

Equal Employment Opportunity Commission

Dec 14, 2021

Appeal No. 2020001713 (E.E.O.C. Dec. 14, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Emil Z.,1 Complainant, v. Gina M. Raimondo, Secretary, Department of Commerce, Agency. Request No. 2021004623 Appeal No. 2020001713 Agency No. 54-2019-00030 Hearing No. 531-2019-00625X DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020001713 (August 16, 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). On November 18, 2018, Complainant filed a formal complaint alleging discrimination based on national origin, sex and color when, after Complainant received a letter from a private federal contractor (Ambit Group), offering him a position as Capital Planning and Investment Control Program Management Consultant, providing services to the NOAALink program office at the National Oceanic and Atmospheric Administration, on September 25, 2018, Complainant was 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 2021004623 informed by the Director for Recruiting and Employee Experience at Ambit Group that the “position was being pulled by the government.” Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). The Agency filed a motion to dismiss after ascertaining that Ambit Group, as the contracting company, made and executed all of the employment-related decisions in this matter. The AJ granted the Agency’s motion and dismiss the complaint for failure to state a claim, pursuant to 29 C.F.R. § 1614.107(a)(1). The Agency issued a final order implementing the AJ’s decision. On appeal, in EEOC Appeal No. 2020001713, the Commission affirmed the Agency’s final order implementing the AJ’s decision to dismiss the formal complaint for failure to state a claim on the basis that Complainant was not an Agency employee. In the instant request for reconsideration, we have carefully reviewed Complainant’s brief argument and determine that the matter was raised in the extensive arguments which he had raised below on appeal from the Agency’s final order. 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. 2020001713 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 2021004623 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 December 14, 2021 Date