[Redacted], Roland T., 1 Complainant,v.John E. Whitley, Acting Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Apr 14, 2021

Appeal No. 2020001401 (E.E.O.C. Apr. 14, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Roland T.,1 Complainant, v. John E. Whitley, Acting Secretary, Department of the Army, Agency. Request No. 2021001484 Appeal No. 2020001401 Hearing No. 410-2019-00216X Agency No. ARUSAR18MAY01932 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020001401 (Nov. 18, 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). In the underlying formal complaint, Complainant, a Family Program Coordinator, Grade GS-11, alleged the Agency subjected him to racial, disability, sex and retaliation discrimination. Specifically, Complainant claimed that Agency management had discriminated against him in its actions concerning his evaluation and opportunities for performance awards, his requests for travel and compensatory time. Complainant further alleged that that his supervisor and the Human Resources Officer had excluded him from discussions concerning his duties. 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. 2 2021001484 After receiving the Agency’s investigation report into his claims, Complainant requested a hearing before an EEOC Administrative Judge (AJ). Sua sponte, the AJ issued a decision without a hearing in favor of the Agency. The Agency adopted the AJ’s decision finding no discrimination. Complainant appealed. In the prior appellate decision, the Commission affirmed the AJ and Agency, noting that the record was devoid of comparators who had received better treatment. On reconsideration and through counsel, Complainant reiterated prior arguments raised before that AJ and on appeal. Complainant further contends that the record was inadequate because the AJ improperly curtailed his discovery efforts. We reviewed the entire record but find that the AJ did not abuse his discretion to reasonably limit discovery. We also find that the events Complainant has described were everyday management decisions and employee slights or indignities. Complainant has not shown disparate treatment based on the raised bases. Finally, we remind Complainant and his counsel that request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, § VII.A. We not persuaded that the appellate decision was clearly factually or legal erroneous. Similarly, Complainant’s request failed to convince us that the appellate decision would substantially impact Agency policies, practices, or operations. 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. 2020001401 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. 3 2021001484 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 April 14, 2021 Date