[Redacted], Lawrence D., 1 Complainant,v.General Lloyd Austin, Secretary, Department of Defense (Department of Defense Education Activity), Agency.

Equal Employment Opportunity Commission

Jan 28, 2021

Appeal No. 2020000711 (E.E.O.C. Jan. 28, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Lawrence D.,1 Complainant, v. General Lloyd Austin, Secretary, Department of Defense (Department of Defense Education Activity), Agency. Request No. 2021000698 Appeal No. 2020000711 Hearing No. 570-2018-00115X Agency No. DE-FY17-050 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020000711 (October 14, 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). Complainant was an applicant for employment with the Agency. Complainant filed an EEO complaint alleging that he was discriminated against on the bases of race (African American), color (black), sex (male), disability, and reprisal when he was deemed ineligible for the position of Principal, announcement number 2017-HQ-P-1862054, and Assistant Principal, announcement number 2017-HQ-AP-01881115, based on incomplete applications. 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. 2021000698 2 Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge’s (AJ) decision by summary judgment which found in favor of the Agency, concluding Complainant failed to prove his discrimination claims. In her decision, the AJ found that the Agency disqualified Complainant from consideration because he had failed to include his undergraduate transcripts with his application, and it was his responsibility to ensure his application was complete. Further, the AJ noted Complainant’s arguments that he did not believe it was necessary to include his undergraduate transcripts because his masters and doctorate were conferred after he received his bachelor’s degree. To the extent that Complainant requested reasonable accommodation for his neurological condition during the application process, the AJ noted that reasonable accommodations are prospective, not retroactive. The Agency did not issue a final order and the AJ’s decision became the final decision. In his request for reconsideration, Complainant expresses his disagreement with the previous decision and raises arguments he has previously made, and which were considered during the original appeal, such as those related to his status as a veteran. 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. 2020000711 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. 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. 2021000698 3 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 28, 2021 Date