[Redacted], Vaughn C., 1 Complainant,v.Debra A. Haaland, Secretary, Department of the Interior (National Park Service), Agency.

Equal Employment Opportunity Commission

May 24, 2021

Appeal No. 2020000303 (E.E.O.C. May. 24, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Vaughn C.,1 Complainant, v. Debra A. Haaland, Secretary, Department of the Interior (National Park Service), Agency. Request No. 2021002152 Appeal No. 2020000303 Hearing No. 470-2019-00060X Agency No. NPS-17-0608 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020000303 (February 9, 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). Complainant was employed in a temporary position as a Visitor Use Assistant, Mammoth Cave National Park in Kentucky. Complainant filed an EEO complaint alleging he was discriminated against and subjected to a hostile work environment on the bases of sex (male), physical disability, and reprisal when: 1. A false complaint of sexual harassment was filed against him; 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. 2021002152 2 2. He was subjected to an interrogation by National Park Service (NPS) Law Enforcement; 3. He was denied volunteer opportunities in the science department, specifically water sampling; 4. His coworkers avoided him; 5. His schedule drastically changed; 6. He was denied access to the gym; 7. Management failed to provide a copy of the complaint against him and pictures as he requested in his Freedom of Information Act request; and 8. He was terminated from his temporary appointment of Visitor Use Assistant. We note that Complainant was appointed on June 25, 2017. He was issued a notice of termination on July 27, 2017. The Agency investigated the matter and Complainant requested a hearing. Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge’s (AJ) lengthy decision following a hearing which found in favor of the Agency, concluding Complainant failed to prove his discrimination and reprisal claims. When the Agency did not issue a final Agency decision on the matter, the AJ’s decision became the Agency’s final action. Our previous decision addressed all of Complainant’s claims and arguments, finding that the totality of the conduct at issue was insufficiently severe or pervasive to establish a hostile work environment, noting that there was no persuasive evidence in the record that discriminatory animus played a role in any of the alleged incidents. The decision concluded that Complainant was not subjected to discrimination, reprisal, or a hostile work environment as alleged. In his request for reconsideration, Complainant expresses his disagreement with the previous decision. Complainant basically alleges that people lied and the complaints against him were false. He also raises concerns about his termination from a position with the Kentucky state government, which was addressed in a footnote in our decision. He essentially repeats arguments he has made previously. 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. 2020000303 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2021002152 3 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. 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 24, 2021 Date