[Redacted], Ryan L., 1 Complainant,v.Thomas W. Harker, Acting Secretary, Department of the Navy, Agency.Download PDFEqual Employment Opportunity CommissionMay 20, 2021Appeal No. 2019005521 (E.E.O.C. May. 20, 2021) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Ryan L.,1 Complainant, v. Thomas W. Harker, Acting Secretary, Department of the Navy, Agency. Request No. 2021001686 Appeal No. 2019005521 Hearing No. 480-2019-00103X Agency No. 18-62204-01646 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Ryan L. v. Dep’t of Navy, EEOC Appeal No. 2019005521 (Nov. 30, 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, an applicant for re-employment with the Agency, filed a formal EEO complaint alleging that the Agency discriminated against him on the bases of sex (male), disability (Post Traumatic Stress Disorder, Major Depression, Generalized Anxiety Disorder, and work-related hypertension), age (52), and in reprisal for prior protected EEO complaint activity when: 1. The Agency notified Complainant that he was tentatively selected for a Firefighter position at Barstow, intentionally misled him until January 2017, and then informed 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. 2021001686 2 him that he was not eligible for appointment as a Firefighter because he exceeded the maximum entry age limit and would not be able to complete 20 years of service by the mandatory retirement age of 57; 2. The notification of ineligibility was delayed because Complainant's Official Personnel Folder (OPF) could not be located because, in 2013, an Agency Human Resources Representative (HR1) requested it from the National Personnel Records Center; 3. From April 2004 to 2017, HR1 improperly processed Complainant's Office of Workers' Compensation Programs (OWCP) claims; and 4. An EEO Director allowed a 16-month delay in processing the instant matter, for which Complainant made initial contact on December 19, 2016, and there was a delay for a 2004 matter as well. The Agency dismissed claim (3) as a collateral attack on the OWCP adjudicatory process and claim (4) as a spin-off of the instant complaint. Following an investigation of claims (1) and (2), Complainant requested a hearing before an EEOC Administrative Judge (AJ). The AJ assigned to the matter issued a summary judgment decision finding no discrimination or reprisal. The Agency subsequently issued a final order fully implementing the AJ’s decision. The appellate decision affirmed the final order. In his request for reconsideration, Complainant expresses his disagreement with the previous decision and mostly reiterates arguments previously made and considered on appeal. 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). 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. 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. 2019005521 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. 2021001686 3 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. 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 May 20, 2021 Date Copy with citationCopy as parenthetical citation