[Redacted], Tyree L., 1 Complainant,v.Christine Wormuth, Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Jul 22, 2021

Appeal No. 2020002883 (E.E.O.C. Jul. 22, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Tyree L.,1 Complainant, v. Christine Wormuth, Secretary, Department of the Army, Agency. Request No. 2021002916 Appeal No. 2020002883 Hearing No. 531-2018-00196X Agency No. ARCEHECSA16DEC04978 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Tyree L. v. Department of the Army, EEOC Appeal No. 2020002883 (March 30, 2021). 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 relevant time, Complainant worked for the Agency as a Supervisory Supply Technician in Hyattsville, Maryland. On January 24, 2017, Complainant filed a formal complaint, claiming discrimination based on national origin, sex, age, and in reprisal for prior protected activity. 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. 3 2021002916 Specifically, Complainant claimed that he requested supervisory review of his position because he was performing duties of two separate positions; he was denied compensation of overtime hours and performance awards; he was denied equal compensation for the same work performed by other employees; subordinate employees challenged his expertise, and his authority has been undermined; he was forced to undertake duties of another position while performing his own work assignments, without additional compensation; and a subordinate employee called the police and accused Complainant of having a gun. Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). The Agency submitted a motion for a decision without a hearing. Thereafter the AJ issued a bench decision by summary judgment, finding no discrimination. The Agency did not issue a final action, and the AJ’s decision became the Agency’s final action pursuant to 29 C.F.R. § 16714.110. Complainant appealed and the Commission affirmed the AJ’s decision. In the instant request for reconsideration, Complainant through his representative, reiterates arguments made on appeal, relating to difficulties in obtaining the transcript of the AJ’s bench decision. Complainant further raises arguments on the substance of the claims and the AJ’s disposition of them, which clearly could have been previously made. We emphasize that a request for reconsideration is not a second appeal to the Commission. 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. 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. 2020002883 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. 4 2021002916 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 July 22, 2021 Date