U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Oliver M.,1 Complainant, v. Christopher C. Miller, Acting Secretary, Department of Defense (National Geospatial-Intelligence Agency), Agency. Request No. 2021000545 Appeal No. 2019003112 Hearing No. 560-2016-00369X & 560-2015-00122X Agency No. NGAW-14-HD03, NGAW-14-S102, NGAW-14-NDT003 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019003112 (September 15, 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 worked as a Police Officer, later a Human Resources Specialist, and finally as a Policy Officer in the Advanced Capabilities Office in St. Louis, Missouri. Complainant filed three EEO complaints alleging discrimination on the bases of race (African American), age, and later reprisal. 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. 2021000545 2 The complaints involved numerous claims that included, but were not limited to, issues with his pay, upgrades, numerous non-selections, a hostile work environment, assignment of duties and responsibilities, his close-out evaluation in 2014, issues with the processing of Schedule A applicants and the program, travel issues, positions for which he applied being cancelled, comments made towards him and being disparaged. Complainant also alleged some claims of disparate impact. Complainant initially requested a hearing, but subsequently withdrew his request. Our lengthy prior appellate decision affirmed the Agency’s final decision that concluded that Complainant failed to prove that the Agency subjected him to disparate treatment as alleged. The decision also found that Complainant failed to identify a specific neutral Agency policy or practice that resulted in a disparate impact on the members of his race, those over 40 years old, or who engaged in protected EEO activity. The decision also found that Complainant’s claims of a hostile work environment harassment were not sufficiently severe or pervasive, or that there was any connection to his race, age or retaliatory animus. In his request for reconsideration, Complainant expresses his disagreement with the previous decision, and makes some of the same arguments he made on appeal. 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. 2019003112 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. 2021000545 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 January 14, 2021 Date
