Tristan S.,1 Complainant,v.James N. Mattis, Secretary, Department of Defense (Department of Defense Education Activity), Agency.

Equal Employment Opportunity Commission

Jun 6, 2018

0520180273 (E.E.O.C. Jun. 6, 2018)

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

Tristan S.,1
Complainant,

v.

James N. Mattis,
Secretary,
Department of Defense
(Department of Defense Education Activity),
Agency.

Request No. 0520180273

Appeal No. 0120180552

Agency No. EUFY17112

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120180552 (February 7, 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).

At the time of events giving rise to this complaint, Complainant worked for the Agency as a
Lead Transportation Operations Specialist, GS-2150-11 at its District Logistics Office, Europe
East, in Stuttgart, Germany. On September 22, 2017, Complainant filed his complaint alleging
discrimination based on race, sex, age, and in reprisal for prior EEO activity when:

1. From November 1, 1999, through June 25, 2017, the former Principal Deputy
Director for Education, the former Human Resource (HR) Director, the former

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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Personnel Director, and two HR Specialists denied his requests for Living Quarters
Allowance; and

2. On April 11, 2017, the Associate Director for Financial and Business Operations,
offered him a reassignment to Stuttgart schools, in lieu of Reduction in Force during
the Restructuring for Student Achievement, which stated if he did not accept the
offer, he may be separated from Federal Service on June 24, 2017; he was
subsequently reassigned on June 25, 2017.

On October 24, 2017, the Agency issued its final decision dismissing the complaint due to
untimely EEO Counselor contact pursuant to 29 C.F.R. § 1614.107(a)(2). Complainant
appealed. The Commission affirmed the Agency’s final decision. In his request, Complainant
for the first time contends that he was unaware of the 45-day time limit. We however decline to
consider this new argument as it is inappropriate for him to raise such an argument for the first
time in a request for reconsideration.

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. 0120180552 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.

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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

June 6, 2018
Date