0520170136
04-05-2017
Ronny S.,1 Complainant, v. Robert M. Speer, Acting Secretary, Department of the Army, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Ronny S.,1
Complainant,
v.
Robert M. Speer,
Acting Secretary,
Department of the Army,
Agency.
Request No. 0520170136
Appeal No. 0120162576
Agency No. ARCELROCK16APR01373
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120162576 (December 2, 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 the events giving rise to this complaint, Complainant worked as a Chemical Engineer at the Agency's U.S. Corps of Engineers facility in Little Rock, Arkansas. Complainant filed a formal EEO complaint alleging that the Agency subjected him to discrimination on the basis of his national origin (German/Jewish), disability, and age when:
1. The position of Environmental Branch Chief was posted to USAJobs during a period that Complainant was scheduled to be out of the office on "use-or-lose" leave, and Chief of the Planning and Environmental Division (C l) intentionally scheduled the posting for this time when she knew Complainant would be out of the office.
2. During mediation, Cl stated that she was unaware of how many applicants there were for the Environmental Branch Chief position. Complainant believes this was not true because C 1 had conducted the interviews for the position.
3. C1 did not provide the name and phone number of her representative and the Agency provided the representative to her at no personal cost.
4. When the Environmental Branch Chief position was first created several years ago, a less qualified female applicant was selected over either of the male applicants.
5. The Mediator divulged matters discussed privately with Complainant during mediation on June 2, 2016, in the group discussion and to the Agency 's EEO office.
6. The Little Rock District hired a new Chief of Real Estate from outside the District Office instead of a qualified internal applicant.
The Agency issued a final decision dismissing claims 1, 2, 3, and 5 for failure to state a claim pursuant to � 1614.107(a)(l), dismissing claim 4 for untimely EEO Counselor contact pursuant to � 1614.107(a)(2}, and dismissing claim 6 for raising a matter not like or related to those matters brought to the attention of an EEO counselor pursuant to � 1614.107(a)(2).
Our prior appellate decision affirmed the Agency's final decision dismissing the complaint for failure to state a claim (claims 1, 2, 3, 5, and 6) and untimely EEO counselor contact (claim 4).
In his request for reconsideration, Complainant now argues that a response he received from a FOIA request regarding the Agency's hiring practices shows that his claim should not be denied. We note, however, that Complainant does not address the procedural dismissal of his claims. 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.
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. 0120162576 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 5, 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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