0520110570
12-16-2011
Waldemar F. Barnes, Complainant, v. Gary Locke, Secretary, Department of Commerce, Agency.
Waldemar F. Barnes,
Complainant,
v.
Gary Locke,
Secretary,
Department of Commerce,
Agency.
Request No. 0520110570
Appeal No. 0120082532
Hearing No. 510-2007-00220X
Agency No. 06-54-00175
DENIAL
Complainant timely requested reconsideration of the decision in
Waldemar F. Barnes v. Dep’t of Commerce, EEOC Appeal No. 0120082532
(May 19, 2011). 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(b).
In our previous decision, the Commission affirmed an Administrative
Judge’s (AJ) issuance of a decision without a hearing in favor of
the Agency. Specifically, the AJ found that Complainant, a Lead
Meteorologist, was not subjected to discrimination on the basis
of national origin (Hispanic) when he and other Spanish-speaking
employees were required to provide interpretation and translation about
meteorological activity, although non-Spanish speaking co-workers were
not required to interpret for the Agency.
In his request for reconsideration, Complainant reiterates his claim
that bilingual staff members perform more work than non-bilingual
staff and requests that the Commission order the Agency to establish a
written policy regarding assignments to bilingual staff; pay bilingual
meteorologists for their extra work duties; and produce changes in
assignments that will enhance the Agency’ ability to serve the
Spanish-speaking population.
Upon review of this matter, we find that our previous decision properly
found no discrimination. In so finding, we note that at least one
non-Hispanic meteorologist was also asked by the Agency to respond
to requests from Spanish-speaking media and governments. As such, the
evidence supports the conclusion that bilingual meteorologists were asked
to translate based on their particular skills and abilities, not their
national origin. Moreover, we remind Complainant 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
(rev. Nov. 9, 1999), at 9-17. The Commission carefully considered all
of the record evidence at the time it rendered the initial decision,
and Complainant has offered no persuasive reason why this decision should
be reconsidered now.
Consequently, 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(b), and it is the decision of the Commission to
DENY the request. The decision in EEOC Appeal No. 0120082532 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 (Z0610)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request from the Court that
the Court appoint an attorney to represent you and that the Court also
permit you to file the action without payment of fees, costs, or other
security. See Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. § 2000e et seq.; the Rehabilitation Act of 1973, as amended,
29 U.S.C. §§ 791, 794(c). The grant or denial of the request is within
the sole discretion of the Court. Filing a request for an attorney with
the Court does not extend your time in which to file a civil action.
Both the
request and the civil action must be filed within the time limits as
stated in the paragraph above (“Right to File a Civil Action”).
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
December 16, 2011
Date
2
0520110570
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110570