0520170168
04-19-2017
Alton F.,1 Complainant, v. Jeff B. Sessions, Attorney General, Department of Justice (U.S. Marshals Service), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Alton F.,1
Complainant,
v.
Jeff B. Sessions,
Attorney General,
Department of Justice
(U.S. Marshals Service),
Agency.
Request No. 0520170168
Appeal No. 0120142306
Hearing No. 570-2012-00008X
Agency No. USM201000164
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120142306 (December 13, 2016). 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).
At the time of events giving rise to the underlying complaint, Complainant worked as a GS-1102-15 Supervisory Contract Specialist in the Judicial Security Division, Office of Court Security Contracts (OSC). Complainant served as the Chief of OSC. Complainant filed an EEO complaint alleging that the Agency discriminated against him on the bases of race (African American) and age when, on January 13, 2011, he learned he was not selected for the position of Supervisory Contract Specialist, GS-1102-15, under job announcement no. CK402567JC. Complainant later requested that the Agency amend his complaint to include a claim that on April 5, 2010, he was informed by senior managers that he was being removed from his position as Chief, Judicial Security Contracts. The Agency determined that the amendment was untimely raised and dismissed it.
Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge's (AJ) decision by summary judgment which found in favor of the Agency, concluding Complainant failed to prove his discrimination claims. The AJ also affirmed the dismissal of the amendment.
In his request for reconsideration, Complainant expresses his disagreement with the previous decision and presents some of the same arguments he raised on appeal. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, � VII.A. 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.
With regard to the previous decision's affirmance of the Agency and AJ's denial of Complainant's attempt to amend his complaint, we acknowledge Complainant's argument that he first requested the amendment prior to the conclusion of the investigation as required by our regulations. However, the same regulation goes on to state that the ability to amend a complaint "at any time prior to the conclusion of the investigation" only applies to claims that are "like or related" to those claims raised in the original complaint. Here, we find that Complainant failed to establish that his claim that he was removed from his role as Chief in April 2010 was sufficiently like or related to his original claim involving a non-selection in January 2011. As such, Complainant's claim concerning the removal had to be raised in a separate complaint and was subject to the rule that he had to seek EEO counseling within 45 days. However, Complainant first raised this issue of his removal well beyond the 45-day limitation period. Therefore, we find no reversible error in our previous decision's affirmance of the AJ's decision on this issue.
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. 0120142306 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
April 19, 2017
__________________
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.
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