Alfonzo H.,1 Complainant,v.Ashton B. Carter, Secretary, Department of Defense (Department of Defense Education Activity), Agency.Download PDFEqual Employment Opportunity CommissionJun 23, 20160520160246 (E.E.O.C. Jun. 23, 2016) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Alfonzo H.,1 Complainant, v. Ashton B. Carter, Secretary, Department of Defense (Department of Defense Education Activity), Agency. Request No. 0520160246 Appeal No. 0120152548 Agency No. DD-FY14-147 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested reconsideration of the decision in EEOC Appeal No. 0120152548 (January 29, 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). In his underlying complaint, Complainant alleged that the Agency subjected him to unlawful discrimination on the bases of his race, disability, and in reprisal for prior protected EEO activity when the Agency did not rehire him for a vacant, full-time Deaf and Hard of Hearing teaching position announced through a staffing agency, even though he had priority consideration through the reemployment list because he had been separated as part of a reduction in force. The Agency found no discrimination. The Agency found that Complainant was not a federal employee and he was not an applicant as the position announced by the staffing firm was not for a position with the Agency. On appeal, the Commission affirmed the 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. 0520160246 2 Agency’s decision. The Commission also found that, despite Complainant’s contentions on appeal, he did not show that the Agency incorrectly framed his claim in its final decision In his request for reconsideration, Complainant largely reiterates arguments made, and fully considered, on appeal. Therefore, 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. 0120152548 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 June 23, 2016 Date Copy with citationCopy as parenthetical citation