[Redacted], Horace A., 1 Complainant,v.Andrew M. Saul, Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Jun 14, 2021

Appeal No. 2020001395 (E.E.O.C. Jun. 14, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Horace A.,1 Complainant, v. Andrew M. Saul, Commissioner, Social Security Administration, Agency. Request No. 2021002618 Appeal No. 2020001395 Hearing No. 530-2019-00280X Agency No. PHI180760 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020001395 (March 15, 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 was employed by the Agency as a Remittance Clerk at the Agency’s Mid-Atlantic Service Center in Philadelphia, Pennsylvania. Complainant filed an EEO complaint alleging he was discriminated against on the bases of race (Caucasian), sex (male), and subjected to unlawful retaliation when: 1. On June 18, 2018, Complainant did not receive the requested leave restoration management promised for months; 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. 2021002618 2 2. On or about June 3, 2028, and June 14, 2018, Complainant was given an excessive workload in the form of extra checks and an impossible quota; 3. On May 22 and 23, 2018, Complainant was denied overtime; 4. On or around August 16, 2018, Complainant was denied an award; and 5. From April 7, 2018, through August 16, 2018, and ongoing, Complainant was subjected to a hostile work environment in terms of time and attendance, derogatory remarks, inappropriate behavior, and work assignments. Our prior appellate decision affirmed an EEOC Administrative Judge’s (AJ) decision by summary judgment which found in favor of the Agency, concluding Complainant failed to prove his discrimination claims. In his decision, the AJ found that claim 1 was moot. The AJ also found that the evidence does not support a finding of disparate treatment as the Agency articulated legitimate non-discriminatory reasons for its actions, and Complainant did not provide any evidence that the Agency’s reasons were a pretext for discrimination or retaliation. As to Complainant’s harassment claim, the AJ found that Complainant was unable to show that the actions complained of were because of his race and/or sex, In his request for reconsideration, Complainant expresses his disagreement with the previous decision and makes many of the same arguments he made during the original appeal. He submits numerous documents and emails. 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. 2020001395 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. 2021002618 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 June 14, 2021 Date