[Redacted], Oscar C., 1 Complainant,v.Jeffrey A. Rosen, Acting Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

Equal Employment Opportunity Commission

Jan 12, 2021

Appeal No. 2019005684 (E.E.O.C. Jan. 12, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Oscar C.,1 Complainant, v. Jeffrey A. Rosen, Acting Attorney General, Department of Justice (Federal Bureau of Prisons), Agency. Request No. 2021000263 Appeal No. 2019005684 Hearing No. 480-2018-00693 Agency No. BOP-2017-0963 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Oscar C. v. Dep’t of Justice, EEOC Appeal No. 2019005684 (Aug. 31, 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, a GS-7 Correctional Officer in Victorville, California, filed a formal EEO complaint alleging that the Agency subjected him to a discriminatory hostile work environment based on race (Hispanic) and national origin (Mexican) when, from December 25, 2015 to September 6, 2017, he was held against his will and subjected to bullying and name-calling. 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. 2021000263 2 Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge’s (AJ). The AJ assigned to the matter granted the Agency’s motion for summary judgment and issued a decision finding that Complainant did not prove he was subjected to a discriminatory hostile work environment. The Agency subsequently issued a final order fully implementing the AJ’s decision. The appellate decision affirmed the final order finding that the name-calling and bullying were isolated incidents and insufficiently severe or pervasive to establish a discriminatory hostile work environment. In the instant request for reconsideration, Complainant raises allegations related to incidents that took place between March 6, 2017, through November 20, 2018. The Commission emphasizes that a request for reconsideration is not a second appeal. 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). A request for reconsideration is not the time for Complainant to raise new evidence or new arguments. 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. Complainant has not presented any persuasive evidence to support reconsideration of the Commission’s decision. To the extent Complainant wishes to pursue new claims of discrimination, Complainant is advised to contact an EEO counselor. 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. 2019005684 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. 2021000263 3 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 12, 2021 Date