[Redacted], Windy H., 1 Complainant,v.Alejandro Mayorkas, Secretary, Department of Homeland Security (Citizenship and Immigration Services), Agency.

Equal Employment Opportunity Commission

Feb 9, 2021

Appeal No. 2020001199 (E.E.O.C. Feb. 9, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Windy H.,1 Complainant, v. Alejandro Mayorkas, Secretary, Department of Homeland Security (Citizenship and Immigration Services), Agency. Request No. 2021000922 Appeal No. 2020001199 Hearing No. 480-2017-00163X Agency No. HS10CIS005621 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Windy H. v. Dep’t of Homeland Security, EEOC Appeal No. 2020001199 (October 1, 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). Complainant worked as an Immigration Services Clerk for the Agency’s Field Office in Portland, Oregon. Complainant filed a formal EEO complaint on July 15, 2010, based on race (Black), national origin (Senegalese), color (black), and sex (male), concerning notification that his position would be terminated, effective September 30, 2010, his being placed in a non-duty status with pay, 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. 2021000922 2 effective August 30, 2010, and his allegation that he was subjected to unlawful harassment by his supervisor. His complaint was later amended to include the following allegations: (1) Between 2005 and August 2010, his supervisor yelled at him, made inappropriate and threatening remarks, was disrespectful toward him, and relieved him of his duties; (2) Since 2005, he was denied compensatory time for work completed outside of his duty hours; (3) On September 28, 2009, he learned that his temporary student intern position would not be extended beyond September 30, 2009, but it was extended to September 30, 2010; (4) On June 10, 2010, he was instructed to provide verification of his current student status from the school’s registrar. After he failed to do so, he was informed that his employment would be terminated if the requisite documentation was not received by June 25, 2010; (5) On August 16, 2010, he was advised that his internship, through the Student Temporary Experience Program, would be terminated, effective September 30, 2010; (6) On August 30, 2010, he was placed on non-duty status with no loss in pay; and (7) On or about October 11, 2010, the Agency mailed a box of documents to his home, which included confidential information about employees who had participated in the Combined Federal Campaign. After a hearing, an EEOC Administrative Judge (AJ) issued a decision finding no discrimination. The Agency issued a final order adopting the AJ’s decision. Upon appeal to the Commission, the Agency’s final order was affirmed. In his request, Complainant sets forth arguments he previously made regarding his underlying claims and the facts of his case, but he did not provide any evidence warranting the granting of the request. The Commission emphasizes 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) (Aug. 5, 2015), at 9-18; 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. 2021000922 3 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. 2020001199 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. 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 February 9, 2021 Date