Truman B.,1 Complainant,v.Stephen G. Burns, Chairman, Nuclear Regulatory Commission, Agency.

Equal Employment Opportunity Commission

Oct 14, 2016

0520160405 (E.E.O.C. Oct. 14, 2016)

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

Truman B.,1
Complainant,

v.

Stephen G. Burns,
Chairman,
Nuclear Regulatory Commission,
Agency.

Request Nos. 0520160404 & 0520160405

Appeal Nos. 0120141720 & 0120142160

Agency No. 9906A

DECISION ON REQUESTS FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal Nos.
0120141720 & 0120142160 (May 13, 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).

The record indicates that in April, 1999, Complainant filed his complaint alleging
discrimination based on disability when he was subjected to a hostile work environment when
he was not provided with a reasonable accommodation. The Agency issued a final decision
finding that Complainant was subjected to discrimination when the Agency unreasonably
delayed the reconfiguration of his workspace but did not find discrimination regarding the
remaining claims. Complainant filed his appeals alleging that: the Agency failed to comply
with its June 12, 2009 decision concerning compensatory damages; and in its April 29, 2014
decision, the Agency improperly denied his request for an additional $36,546.95 for attorney’s
fees and costs. The Commission, consolidating the foregoing appeals, found that the Agency
complied with its decision in that Complainant was properly awarded $104,504.54 in damages

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.
0520160404 & 0520160405

2
(nonpecuniary damages, lost wages, and medical expenses, including interest). The
Commission also found that the Agency properly paid $52,820.94 in attorney’s fees and costs
and that Complainant was not entitled to additional $36,546.95 attorney’s fees and costs. In
his requests, Complainant reiterates arguments he previously made.

After reviewing the previous decision and the entire record, the Commission finds that the
requests fail to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the
Commission to deny the requests. The decision in EEOC Appeal Nos. 0120141720 &
0120142160 remains the Commission's decision. There is no further right of administrative
appeal on the decision of the Commission on the requests.

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

October 14, 2016
Date