Wilfredo M.,1 Complainant,v.Steven T. Mnuchin, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity Commission

Nov 8, 2018

0520180395 (E.E.O.C. Nov. 8, 2018)

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

Wilfredo M.,1
Complainant,

v.

Steven T. Mnuchin,
Secretary,
Department of the Treasury,
Agency.

Request No. 0520180395
Request No. 0520170444
Appeal No. 0120160136
Hearing No. 570-2013-00857X
Agency No. FINCEN120657F

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0520170444 (Apr. 5, 2018). 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 the underlying complaint, Complainant alleged that the Agency subjected him to discrimination
and a hostile work environment on the bases of national origin (Hispanic), color (dark-skinned),
age, and reprisal (prior protected EEO activity) when: (1) in August 2012, Complainant was denied
a positive Departure Evaluation rating; (2) other employees were not reprimanded for engaging in
conduct similar to that engaged in by Complainant, and for which he was reprimanded; and (3)
other employees were given monetary awards for performance that was similar to that of
Complainant's, but for which he was not awarded.

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.
0520180391

2
The Commission dismissed the initial appeal of the Agency’s decision based on the appeal being
untimely filed. See Wilfredo M. v. Dep’t of the Treasury, EEOC Appeal No. 0120160136 (June
15, 2017). Complainant subsequently filed a Request for Reconsideration. In Wilfredo M. v.
Dep’t of the Treasury, EEOC Request No. 0520170444 (Apr. 5, 2018), the Commission concluded
that the original appeal was timely filed. The Commission then addressed the merits of
Complainant’s original appeal for the first time. Therein, the Commission affirmed the Agency’s
final order finding that Complainant failed to show that he was subjected to discrimination,
reprisal, or a hostile work environment. Since the Commission addressed the merits of
Complainant’s case for the first time, Complainant was provided with the right to request
reconsideration of the decision.

In our previous decision, we agreed with the Agency and AJ that Complainant failed to show that
he was subjected to a discriminatory or retaliatory hostile work environment. Moreover, we found
that to the extent Complainant claims that he was subjected to disparate treatment, he did not
proffer any evidence from which a reasonable fact finder could conclude that the Agency’s
explanation for its actions was pretext for discrimination or reprisal. Accordingly, we found no
basis to disturb the AJ’s summary judgment decision finding that Complainant was not subjected
to discrimination, reprisal, or a hostile work environment as alleged.

In his request for reconsideration, Complainant’s sole argument is that the Commission’s decision
was based on its erroneous comment in the previous decision that he failed to submit a brief in
support of his appeal. Upon review, the Commission acknowledges that it mistakenly indicated
that Complainant failed to submit any contentions in support of his appeal. Nonetheless, the
Commission has reviewed the brief and finds that this oversight amounted to harmless error as the
arguments raised by Complainant would not have changed the analysis or final disposition of the
previous decision.

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. 0520170444 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.

0520180391

3
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

November 8, 2018
Date