[Redacted], Samuel L., 1 Complainant,v.Gordon Hartogensis, Director, Pension Benefit Guaranty Corporation, Agency.

Equal Employment Opportunity Commission

Apr 5, 2021

Appeal No. 2019005630 (E.E.O.C. Apr. 5, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Samuel L.,1 Complainant, v. Gordon Hartogensis, Director, Pension Benefit Guaranty Corporation, Agency. Request No. 2021001364 Appeal No. 2019005630 Hearing No. 570-2017-01265X Agency No. 16-028-F DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019005630 (November 23, 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 an Employee Benefits Law Specialist (EBLS), GS-0958-11, in the Processing and Technical Assistance Branch, Standard Termination and Compliance Division, in the Office of Negotiations & Restructuring located in Washington D.C. On September 8, 2016, Complainant filed a formal EEO complaint alleging that the Agency discriminated against him based on race (Caucasian) and sex (male) when: 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. 2021001364 2 (1) on or about January 9, 2017, he learned that he was not selected for an EBLS, GS- 0958-12, position under Vacancy Announcement No. OBA-2017-0002 (CSD12 Position); (2) on or about January 23, 2017, he learned that he was not selected for an EBLS, GS- 0958-11, position under Vacancy Announcement No. OBA-2017-0003 (CSD11 Position); and (3) on or about February 9, 2017, he learned that he was not selected for an EBLS, GS- 0958-13, position under Vacancy Announcement No. STCD-PTAB-2016-0010 (PTAB Position). After the investigation, the Agency provided Complainant with a copy of the report of investigation and notice of his right to request a hearing before an EEOC Administrative Judge (AJ). Complainant timely requested a hearing. Over Complainant’s objections, the AJ assigned to the case granted the Agency’s motion for summary judgment and issued a decision finding that Complainant was not subjected to discrimination as alleged. The Agency subsequently issued a final order fully adopting the AJ’s decision. In the prior appellate decision, the Commission affirmed the Agency’s determination that Complainant failed to prove his discrimination claims. In his request for reconsideration of that decision, Complainant essentially repeats the same arguments made and considered during his original 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. 2019005630 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. 2021001364 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 April 5, 2021 Date