0520140241
10-31-2014
Complainant v. Penny Pritzker, Secretary, Department of Commerce (Bureau of the Census), Agency.
Complainant
v.
Penny Pritzker,
Secretary,
Department of Commerce
(Bureau of the Census),
Agency.
Request No. 0520140241
Appeal No. 0120123503
Agency No. 11-63-00069D
DENIAL
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120123503 (February 21, 2014). 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).
Our previous decision affirmed the Agency's final decision, which found that the Agency did not discriminate against Complainant on the basis of disability (hearing, sight, and urological impairments) when the Agency did not hire him. In the decision, we found that there was no persuasive evidence that the Agency knew of Complainant's asserted disabilities. We also found that Complainant had not shown that the Agency treated him less favorably than a similarly-situated employee or that the Agency's action was motivated by discrimination.
In his request for reconsideration, Complainant argues, as he did on appeal, that his test scores were very good and that he listed his disabilities on his test application. He asserts that his application was destroyed and that there is no persuasive evidence that information about his disabilities was not on his application.
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 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous 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. He has offered no evidence to establish that the Agency officials involved in the hiring decision were aware of his asserted disabilities. We note that Complainant's electronic job application, contained in the Report of Investigation, does not indicate that Complainant has a disability. Complainant's unsupported claim that he wrote his disabilities on the back of his test application is insufficient to establish that the previous decision erroneously concluded that the evidence did not show that the Agency was aware of Complainant's asserted disabilities.
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. 0120123503 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
October 31, 2014
Date
2
0520140241
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140241