Salvatore B.,1 Complainant,v.Sonny Perdue, Secretary, Department of Agriculture (Forest Service), Agency.

Equal Employment Opportunity Commission

Jan 9, 2020

2020000205 (E.E.O.C. Jan. 9, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Salvatore B.,1
Complainant,

v.

Sonny Perdue,
Secretary,
Department of Agriculture
(Forest Service),
Agency.

Request No. 2020000205

Appeal No. 0120181485

Agency No. FS201700698

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120181485 (August 27, 2019).
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 as a Fisheries Biologist, GS-0482-12, in Lufkin, Texas.
Complainant filed an EEO complaint alleging he was discriminated against and subjected to a
hostile work environment on the basis of reprisal when: (1) on June 2, 2017, management denied
his telework request; (2) on May 1, 2017, management denied his request to return to his remote
office; (3) on April 28, 2017, he learned that management changed his performance standards
without notifying him; and (4) on several dates he was subjected to various acts of harassment,
including but not limited to (a) on May 3, 2017, management sent him an email directing him not
to conduct any more “human experiments;” (b) on May 22,2017, his supervisor informed 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.
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that his management inquiry request regarding harassment was “unsubstantiated;” (c) on June
13, 2017, management called him into their office several times to criticize his work and discuss
prior management decisions regarding him; and (d) on June 15, 2017, management sent him an
email indicating that his failure to comply with a request to submit an unadulterated copy of a
February 2014 letter could lead to disciplinary action.

Our prior appellate decision affirmed the Agency’s final decision that concluded that
Complainant failed to prove that the Agency subjected him to discrimination or harassment on
the basis of reprisal as alleged.

In his request for reconsideration, Complainant expresses his disagreement with the previous
decision, and makes numerous arguments that he made previously and which were addressed in
the initial appellate decision. 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. 0120181485 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.
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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

January 9, 2020
Date