[Redacted], Jody L., 1 Complainant,v.Thomas J. Vilsack, Secretary, Department of Agriculture, (Forest Service), Agency.

Equal Employment Opportunity Commission

Mar 3, 2022

Appeal No. 2020001596 (E.E.O.C. Mar. 3, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Jody L.,1 Complainant, v. Thomas J. Vilsack, Secretary, Department of Agriculture, (Forest Service), Agency. Request No. 2021004709 Appeal No. 2020001596 Agency No. FS-2019-00324 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Jody L. v. Department of Agriculture, EEOC Appeal No. 2020001596 (July 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). During the relevant time, Complainant was an applicant for three separate Agency positions in Albuquerque and Santa Fe, New Mexico. On March 22, 2018, Complainant filed a formal complaint, alleging discrimination based on disability (deaf) and age (62) when: he was not selected or a Budget Analyst position in Albuquerque, New Mexico; he was not selected for an Information Technology Project Manager position in Albuquerque, New Mexico; and he was not selected for a Public Affairs Specialist position in Santa Fe, New Mexico. 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. 3 2021004709 Complainant alleged further that he was discriminated against for non-selection for two other Agency positions. The Agency dismissed these claims for untimely EEO Counselor contact. After an investigation, Complainant requested that the Agency issue a final decision. Thereafter, the Agency issued a final decision, pursuant to 29 C.F.R. § 1614.110(b), finding no discrimination. In EEOC Appeal No. 2020001596, the Commission affirmed the Agency’s final decision finding no discrimination. In the instant request for reconsideration, Complainant, through his representative, submits a brief expressing disagreement with the appellate decision. The arguments that are raised in the instant request, however, were either raised during the original appeal from the Agency’s final decision or could have been raised below. There is considerable replication in the matters raised in the instant request and the matters 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. 2020001596 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. 4 2021004709 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 March 3, 2022 Date