U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Tommie R.,1 Complainant, v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security (Federal Emergency Management Agency), Agency. Request No. 2021002653 Appeal No. 2019004221 Hearing No. 510-2019-0067X Agency No. HS-FEMA-00137-2018 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Tommie R. v. Department of Homeland Security, EEOC Appeal No. 2019004221 (November 4, 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 his underlying complaint, Complainant alleged that the Agency discriminated against him on the bases of race (Caucasian), sex (male), color (white), disability, age, and in reprisal for prior protected EEO activity (prior EEO case and requesting a reasonable accommodation). The Agency accepted the complaint for investigation. 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. 2021002653 2 Following an investigation, Complainant requested a hearing on his complaint before an EEOC Administrative Judge (AJ). Subsequently, Complainant withdrew his request for a hearing. On December 13, 2018, the AJ issued an Order of Voluntary Dismissal remanding the matter to the Agency to issue a final decision.2 Thereafter, the Agency issued a final decision on May 7, 2019, finding no discrimination. The Agency framed the claims as follows: 1. On or about September 27, 2017, Complainant was demobilized from a disaster area and subsequently terminated from employment, after requesting a reasonable accommodation for sleep apnea. 2. On or about September 27, 2017, management disclosed Complainant’s medical information to co-workers. Complainant appealed the Agency’s decision to the Commission. In our previous decision, we affirmed the Agency’s finding of no discrimination. 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. 2019004221 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. 2 The AJ’s Order of Dismissal also remanded Complainant’s prior EEO complaint, Agency Case No. HS-FEMA-22408-2015, to the Agency. The Agency issued a separate final decision on Agency Case No. HS-FEMA-24408-2015 which Complainant appealed to OFO and was decided under EEOC Appeal No. 2020000130 (Nov. 5, 2020), denial of request for reconsideration, EEOC Request No. 2021001483 (March 31, 2021). 2021002653 3 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 6, 2021 Date
