U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Lino L.,1 Complainant, v. Steve Jurczyk, Acting Administrator, National Aeronautics and Space Administration (Johnson Space Center), Agency. Request No. 2021001445 Appeal No. 2019004945 Agency No. NCN-18-JSC-0071 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019004945 (Dec. 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). During the period at issue, Complainant worked as a Lead Contract Specialist, GS-1102-14, at the Agency’s Office of Procurement (BA), Johnson Space Center (JSC) in Houston, Texas. On September 12, 2018, Complainant filed a formal EEO complaint alleging that the Agency discriminated against him on the bases of race (Caucasian), sex (male), color (White), age (57) and in reprisal for protected EEO activity. The Agency accepted the formal complaint for investigation and determined it was comprised of the following claims: 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. 2021001445 2 1) On June 22, 2018, Complainant received a lower rating of “Accomplished” instead of “Distinguished” in his 2017-2018 performance appraisal due to negative input from specified Agency managers. 2) On March 1, 2018, August 15, 2018, and August 27, 2018, specified Agency managers disregarded Complainant’s Officer Authority, causing Complainant to lose credibility with customers. Upon completion of the investigation, Complainant received a copy of the Report of Investigation and requested a final agency decision. The Agency issued a final decision finding no discrimination. Complainant appealed. In EEOC Appeal No. 2019004945, the Agency’s final decision finding no discrimination was affirmed. Regarding claim (1), the decision found, in a detailed analysis, that the Agency articulated legitimate, nondiscriminatory reasons for the disputed actions which Complainant failed to establish, by a preponderance of the evidence, were pretext for discrimination and/or retaliation. Regarding claim (2), the decision concluded these matters lacked “the requisite severe or pervasive verbal or physical management conduct that would constitute actionable harassment or dissuade an employee from future participation in protected activity.” Complainant, in his request, presents arguments previously raised below. We remind Complainant that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive 110 for 29 C.F.R. Part 1614 (Aug. 5, 2015), Chapter 9. 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. 2019004945 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. 2021001445 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 March 25, 2021 Date
