0520120176
06-08-2012
Thomas A. Cassidy, Complainant, v. Gary Locke, Secretary, Department of Commerce (Bureau of the Census), Agency.
Thomas A. Cassidy,
Complainant,
v.
Gary Locke,
Secretary,
Department of Commerce
(Bureau of the Census),
Agency.
Request No. 0520120176
Appeal No. 0120111939
Agency No. 10-63-02752D
DENIAL
Complainant timely requested reconsideration of the decision in Thomas A. Cassidy v. Department of Commerce, EEOC Appeal No. 0120111939 (November 10, 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 our previous decision, we affirmed the Agency's dismissal of Complainant's formal EEO complaint, which alleged that the Agency discriminated against him on the basis of reprisal when it terminated his employment. The Agency noted that Complainant had not alleged reprisal for prior protected EEO activity; rather, he alleged reprisal for reporting illegal hiring practices. Because Complainant failed to allege discrimination on a basis covered by federal anti-discrimination statutes, his complaint failed to state a claim.
In his request for reconsideration, Complainant argues that previous decision erred with regard to his reprisal allegation. Complainant notes that what he reported was that three coworkers were being paid for doing no work. While Complainant is correct in his assertion, we find nonetheless that the misstatement amounts to harmless, not material, error. Complainant's request does not address the actual short-coming in his complaint, which is that it failed to identify a basis of discrimination covered by any federal anti-discrimination statutes. We note that reprisal for whistle-blowing activities is not covered under any of the statutes enforced by the EEOC.
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. 0120111939 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
June 8, 2012
Date
2
0520120176
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120176