U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Adam F.,1
Complainant,
v.
W. Thomas Reeder,
Director,
Pension Benefit Guaranty Corporation,
Agency.
Request No. 2019002863
Appeal No. 2019000416
Agency No. 18-008-F
DECISION ON REQUEST FOR RECONSIDERATION
Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2019000416 (March 12, 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).
In his underlying complaint, Complainant alleged that the Agency discriminated against him
based on his race ("Cherokee/Irish"), sex (male), religion (Christian), and in reprisal for prior
protected EEO activity in 2009, when his name was not referred for further consideration and he
was not selected.
Following an investigation, the Agency issued a final decision finding that Complainant was not
subjected to discrimination as alleged.
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.
20190028632
On appeal, the Commission affirmed the Agency’s decision, concluding Complainant failed to
establish by a preponderance of the evidence, that the legitimate, nondiscriminatory reasons
articulated by the Agency were a pretext for unlawful discrimination. Additionally, the
Commission noted there was no evidence that the two named management officials had any
knowledge of Complainant’s race, sex, religion or that Complainant had any prior EEO activity
with this employer at the time of their actions.
In his request for reconsideration, Complainant largely reiterates contentions made and fully
considered on appeal. Accordingly, 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.
2019000416 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
July 19, 2019
Date
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Simon V.,1
Complainant,
v.
William P. Barr,
Attorney General,
Department of Justice
(Federal Bureau of Prisons),
Agency.
Request No. 2019003058
Appeal No. 0120172903
Agency No. BOP201502306
DECISION ON REQUEST FOR RECONSIDERATION
Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120172903 (March 5, 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).
In his underlying compliant and subsequent amendments to his complaint, Complainant alleged
that the Agency subjected him to a hostile work environment and discrimination based on age
and race (African-American) when: (1) he received an unfavorable annual evaluation for fiscal
year 2015; (2) he was not selected for or promoted into 44 different positions for which he
applied; (3) he was removed from his position and his duties were reassigned; (4) he received
unfavorable vouchering in relation to his job applications; and (5) he was subjected to threat
assessments and false accusations.
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.
20190030582
Following an investigation, the Agency issued a final decision finding that Complainant was not
subjected to discrimination or harassment as alleged. On appeal, the Commission affirmed the
Agency’s decision, concluding Complainant failed to establish by a preponderance of the
evidence, that the legitimate, nondiscriminatory reasons articulated by the Agency were a pretext
for unlawful discrimination. Additionally, the Commission affirmed the Agency’s finding with
regard to his harassment claims that Complainant’s allegations could generally be described as
disagreements with managerial decisions.
In his request for reconsideration, Complainant largely reiterates contentions made and fully
considered on appeal. Accordingly, 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.
0120172903 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
20190030583
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
July 19, 2019
Date
