U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Charles L. Burgett,1
Complainant,
v.
Steven T. Mnuchin,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.
Request No. 2019002707
Appeal No. 0120173012
Hearing No. 560-2016-00373X
Agency No. IRS160343F
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Charles L. Burgett v Dep’t of Treasury, EEOC Appeal
No. 0120173012 (Feb. 26, 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).
During the period at issue, Complainant was an applicant for employment at the Agency. On
April 22, 2016, Complainant filed a formal EEO complaint claiming that the Agency
discriminated against him based on race (African), sex (male), and reprisal for prior protected
EEO activity when:
1 EEOC usually assigns a pseudonym to replace the complainant’s name when an appellate
decision is published to non-parties and the Commission’s website. Here, however, Complainant
has expressly requested that his real name be used.
20190027072
1. Complainant was notified on February 16, 2016, that he was not selected for the
position of Tax Specialist, advertised under vacancy announcement number 16CW2-
WIX0022-0526-7/9-KC; and
2. Complainant was notified on March 21, 2016, that he was not selected for the
position of Correspondence Examination Technician, advertised under vacancy
announcement number 16CW5-WIX0020-0503-05-NY.
Complainant withdrew his initial hearing request and the Agency issued a final decision on
August 7, 2017, pursuant to 29 C.F.R. § 1614.110(b), finding no discrimination.
On appeal, we determined that the Agency articulated legitimate, nondiscriminatory reasons for
not hiring Complainant for the positions at issue. The decision in EEOC Appeal No.
0120173012 found that the record supported a determination that the Agency cancelled vacancy
announcement number 16CW2-WIX0022-0526-7/9-KC and, consequently, no selections were
made from this announcement. The decision further found that there were 13 vacancies available
for the Correspondence Examination Technician position, but Complainant was not selected
because he ranked 24th out of the 25 candidates interviewed for the position. Therefore, the
decision concluded Complainant failed to demonstrate that he was discriminated against as
alleged.
In his request for reconsideration, Complainant submits a statement expressing his disagreement
with the appellate decision and reiterates arguments previously made on appeal. The
Commission emphasizes that a request for reconsideration is not a second appeal to the
Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC
Request No. 0520070736 (Aug. 20, 2007). 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. 0120173012 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
20190027073
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
June 25, 2019
Date
