0520150386
04-01-2016
Willy B.,1 Complainant, v. Jenny R. Yang, Chair, Equal Employment Opportunity Commission,2 Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, DC 20507
Willy B.,1
Complainant,
v.
Jenny R. Yang,
Chair,
Equal Employment Opportunity Commission,2
Agency.
Request No. 0520150386
Appeal No. 0120080807
Agency No. 200500010
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120080807 (April 7, 2015). 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(c).
On April 7, 2015, the Commission issued a decision in Appeal No. 0120080807, which affirmed the Agency's final decision finding no discrimination. The prior decision initially found that Complainant waived his opportunity to challenge the Administrative Judge's (AJ) denial of his Motion to Amend because he withdrew his request for a hearing. The Commission noted, however, that the Agency nevertheless addressed some of the amendments Complainant sought to add to his complaint. The Commission further found that Complainant failed to establish that he was subjected to disparate treatment and harassment when: 1) he was denied a performance award; 2) issued a letter of reprimand; and 3) denied a detail and temporary promotion to the position of Acting ADR coordinator. Specifically, the Commission found that the Agency articulated legitimate, nondiscriminatory reasons for its actions with regard to these matters, which Complainant failed to establish were pretext for discrimination based on his race, sex, and/or reprisal for prior protected EEO activity. The Commission, in addressing claim 4 (that the Agency encouraged and/or assisted employees in filing complaints against him), found nothing inappropriate or unreasonable in the Agency's actions with respect to Complainant's allegations that the Agency encouraged and/or assisted employees to file claims against him.
In his request for reconsideration, Complainant does not address the specific merits and/or findings of Appeal No. 0120080807. He raises no errors of law or fact, nor does he establish that the decision will have a substantial impact on the policies, practices, or operations of the agency. Rather, Complainant expresses discontent with the length of time it took to process his federal sector EEO complaint and subsequent 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. 0120080807 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:
______________________________ Bernadette B. Wilson's signature
Bernadette B. Wilson
Acting Executive Officer
Executive Secretariat
April 1, 2016
Date
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.
2 In the present matter, the Equal Employment Opportunity Commission (EEOC) is both the respondent agency and the adjudicatory authority. The Commission's adjudicatory function is housed in an office that is separate and independent from those offices charged with in-house processing and resolution of discrimination complaints. For the purposes of this decision, the term "Commission" or "EEOC" is used when referring to the adjudicatory authority and the term "Agency" is used when referring to the respondent party to this action. The Chair has recused herself from participation in this decision.
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