0520120243
03-08-2013
Rodney K. Tadlock, Complainant, v. Ray H. LaHood, Secretary, Department of Transportation (Federal Aviation Administration), Agency.
Rodney K. Tadlock,
Complainant,
v.
Ray H. LaHood,
Secretary,
Department of Transportation
(Federal Aviation Administration),
Agency.
Request No. 0520120243
Appeal No. 0120114134
Agency No. 200821790FAA04
DENIAL
Complainant timely requested reconsideration of the decision in Rodney K. Tadlock v. Department of Transportation, EEOC Appeal No. 0120114134 (December 8, 2011). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision 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(b).
In the appellate decision, Complainant alleged that he was subjected to retaliation when his request to work a specific shift was denied; he received a request for numerous medical documentation; and he was forced to retire. The Commission affirmed the Agency's final decision finding that Complainant failed to demonstrate that he was discriminated against as alleged. In so finding, we determined that Complainant failed to establish that the incidents alleged occurred because of his prior EEO activity. Complainant filed a request for reconsideration with the Commission.
In his request for reconsideration, Complainant argues, among other things, that the Agency did not dispute any of the facts surrounding the denial of his request to work a specific shift. Complainant also argues that the Agency does not dispute that the requests for medical documentation was due to his EEO activity. Complainant argues that his medical disqualification occurred soon after he contacted the Office of Civil Rights. Complainant states that the appellate decision made erroneous findings of facts because his medical disqualification was permanent and could not be remedied by providing new medical documentation. Complainant requests that we find that he was retaliated against as alleged.
We remind Complainant 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) (rev. Nov. 9, 1999), at 9-17. A reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Here, we find that Complainant has failed 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.
In his request, Complainant largely argues that the appellate decision was erroneously decided. We find, however, that Complainant has not demonstrated that any of the alleged misinterpretations of fact are material. Further, despite Complainant's contentions, the Agency clearly disputes his interpretations of the facts and provided nondiscriminatory reasons for its actions, which the previous decision found persuasive. Accordingly, 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(b), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120114134 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 (Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request from the Court that the Court appoint an attorney to represent you and that the Court also permit you to file the action without payment of fees, costs, or other security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c). The grant or denial of the request is within the sole discretion of the Court. Filing a request for an attorney with the Court does not extend your time in which to file a civil action. Both the request and the civil action must be filed within the time limits as stated in the paragraph above ("Right to File a Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
____3/8/13______________
Date
2
0520120243
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120243