Victor M,1 Complainant,v.Admiral Michael S. Rogers, Director, National Security Agency, Agency.

Equal Employment Opportunity Commission

Jun 15, 2018

0520180292 (E.E.O.C. Jun. 15, 2018)

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

Victor M,1
Complainant,

v.

Admiral Michael S. Rogers,
Director,
National Security Agency,
Agency.

Request No. 0520180292
Appeal No. 0120152103
Hearing No. 531-2013-00060X
Agency No. 12-003

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120152103 (December 22, 2017).
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 subjected him to unlawful
disability discrimination when on August 16, 2011, management terminated him from his
position during his probationary period. Following an investigation, Complainant requested a
hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ). The
AJ assigned to the case issued a decision without a hearing, finding no discrimination. The
Agency’s final order adopted the AJ’s decision, and on appeal the Commission affirmed the
Agency’s final order. Specifically, we found that Complainant failed to show that the Agency’s
articulated, nondiscriminatory reasons for his termination, namely that his performance
deficiencies failed to improve, were a pretext for unlawful discrimination.

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.
0520180292

2
We also found that Complainant failed to show that the Agency denied him a reasonable
accommodation or otherwise violated the Rehabilitation Act.

In his request for reconsideration, Complainant largely reiterates arguments made, and fully
considered, on appeal. 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.
0120152103 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

June 15, 2018
Date