0520180246
05-23-2018
Rosario C,1 Complainant, v. Steven T. Mnuchin, Secretary, Department of the Treasury (Office of the Comptroller of the Currency), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Rosario C,1
Complainant,
v.
Steven T. Mnuchin,
Secretary,
Department of the Treasury
(Office of the Comptroller of the Currency),
Agency.
Request No. 0520180246
Appeal No. 0120162209
Agency No. OCC151160F
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120162209 (January 9, 2018). 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 a Bank Examiner, Large Bank Supervision at the Agency's facility in Jersey City, New Jersey. Complainant filed an EEO complaint alleging that he was discriminated against on the bases of race (African American), color (Black), and reprisal when (1) in October 2014, his manager denied his request to post an expression of interest for "Compliance FEIC" positions, but allowed others to apply; (2) in December 2014, his mangers issued his 2014 annual evaluation and lowered the element for technical skills to a level 3 rating; (3) on January 27, 2015, the Resource Team Manager issued a memorandum notifying him that his performance may lead to a level 2 rating in various elements for the 2015 annual evaluation period and stating that work done in the 2014 evaluation period would be considered in the 2015 evaluation; and (4) on or about May 27, 2015, his first line supervisor disapproved a training request which had been approved on or about February 10, 2015.
Our prior appellate decision affirmed the Agency's final decision that concluded that Complainant failed to prove that the Agency subjected him to discrimination as alleged.2
In his request for reconsideration, Complainant expresses his disagreement with the previous decision and makes some 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. 0120162209 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
May 23, 2018
__________________
Date
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.
2 The Agency dismissed claims 1-3. On appeal, Complainant did not challenge the dismissal of claims 1 and 2, and the prior decision did not address those dismissals. The prior decision affirmed the dismissal of claim 3.
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