0520160392
08-11-2016
Shane L.,1 Complainant, v. Deborah Lee James, Secretary, Department of the Air Force, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Shane L.,1
Complainant,
v.
Deborah Lee James,
Secretary,
Department of the Air Force,
Agency.
Request No. 0520160392
Appeal No. 0120140055
Hearing No. 551-2012-00049X
Agency No. 9MOR11005
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120140055 (May 5, 2016). 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(c).
Complainant filed an EEO complaint alleging that she was discriminated against and subjected him to a hostile work environment based on his disability when (1) on January 3, 2011, January 10, 2011, and March 4, 2011, the Agency denied his request for reasonable accommodation in the form of participation in the Agency's Physical Training program; and (2) on October 5, 2010, and November 17, 2010, his request for reasonable accommodation was ignored, and from January 10, 2011, through March 23, 2011, his supervisory chain was changed repeatedly with no response from management to his inquiries. Complainant also alleged that he was discriminated against on the basis of age when he was subjected to a hostile work environment when, beginning on October 10, 2010, he was assigned a first and second level supervisor of junior grade, and from January 10, 2011, through March 23, 2011, his supervisory chain was changed repeatedly with no response from any management to his inquiries. The Agency issued a decision on August 15, 2013, accepting the decision of the Equal Employment Opportunity Commission Administrative Judge finding no discrimination. On September 23, 2013, Complainant filed an appeal with the Commission.
The previous decision found that Complainant's appeal was untimely filed and dismissed the appeal. The decision found that Complainant did not file his appeal until September 23, 2013.
In his request for reconsideration, as he stated on appeal, Complainant argues that his attorney became ill and he was busy preparing for the Government Shutdown. We do not find these reasons sufficient to extend the time limits for filing the appeal. The Government shut down commenced after Complainant filed the appeal.
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. 0120140055 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
August 11, 2016
__________________
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.
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