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. 2021001483 Appeal No. 2020000130 Hearing No. 451-2017-00139X Agency No. HS-FEMA-24408-2015 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Tommie R. v. Department of Homeland Security, EEOC Appeal No. 2020000130 (November 5, 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 subjected him to discrimination on the bases of race (Caucasian), sex (male), color (white), age (60), and in reprisal for protected EEO activity (current complaint). 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. 2021001483 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 August 2, 2019, finding no discrimination. The Agency framed the claims as follows: 1. From 2013 to 2016, management failed to issue Complainant a position task book (PTB) for the Crew Leader position. 2. Since November 17, 2014, and ongoing, management officials have failed to correct Complainant’s FEMA Qualified System (FQS) title in the Deployment Tracking System (DTS) to show that Complainant is a Disaster Survivor Assistance (DSA) Specialist rather than DSA-qualified with an addendum as a trainee. 3. On or June 15, 2015, Complainant learned that he was not selected for the DSA Branch Director position, advertised under Job Announcement Number FEMA-15-SB-228- IMAT. 4. On or about July 15, 2015, after asking for time to work on his EEO complaint, Complainant was told that he could not take a DSA Coach/ Evaluator course. 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. 2020000130 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. 2 The AJ’s Order of Dismissal also remanded Complainant’s subsequent EEO complaint, Agency Case No. HS-FEMA-00137-2018 to the Agency for a final decision. The Agency issued a separate final decision on Agency Case No. HS-FEMA-00137-2018 which Complainant appealed to OFO and was decided under EEOC Appeal No. 201900422 (Nov. 4, 2020). 2021001483 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 March 31, 2021 Date
