Bill A.,1 Complainant,v.Kevin K. McAleenan, Acting Secretary, Department of Homeland Security Agency.

Equal Employment Opportunity Commission

Oct 8, 2019

2019003515 (E.E.O.C. Oct. 8, 2019)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Bill A.,1
Complainant,

v.

Kevin K. McAleenan,
Acting Secretary,
Department of Homeland Security
Agency.

Request No. 2019003515

Appeal No. 0120180783

Agency No. HSCBP249902016

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120180783 (April 26, 2019). EEOC
Regulations provide that the Commission may, in its discretion, grant a request to reconsider any
previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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
reprisal discrimination when on July 9, 2014, he was referred to the Office of Professional
Responsibility/Internal Affairs, Joint Intake Center, for allegedly abusing his position with respect
to his daughter’s employment with Customs and Border Protection. Following an investigation,
Complainant initially requested a hearing but subsequently withdrew the request and the Agency
issued a final decision finding no discrimination. On appeal, the Commission affirmed the
Agency’s final decision. Specifically, we found that assuming, arguendo, Complainant established
a prima facie case of reprisal, the Agency nonetheless articulated legitimate, nondiscriminatory
reasons for its actions that he failed to show were pretextual.

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.
2019003515

2

In his request for reconsideration, Complainant reiterates his contention that the report to the Joint
Intake Center was motivated by retaliatory animus. We find, however, that this argument was fully
considered on appeal, and 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.
0120180783 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

October 8, 2019
Date