0520140185
06-05-2014
Complainant, v. Penny Pritzker, Secretary, Department of Commerce, Agency.
Complainant,
v.
Penny Pritzker,
Secretary,
Department of Commerce,
Agency.
Request No. 0520140185
Appeal No. 0120130647
Agency No. 57201201956
DENIAL
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120130647 (January 10, 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). For the following reasons Complainant's request for reconsideration is DENIED.
BACKGROUND
Complainant claimed that the Agency subjected him to discrimination on the bases of age and in reprisal for prior protected activity when: (1) he received an unfair and inaccurate performance rating with no bonus in Fiscal Year 2009; (2) he received an unfair and inaccurate performance rating with no bonus in Fiscal Year 2010; (3) he received an unfair and inaccurate performance rating with no bonus in Fiscal Year 2011; (4) On June 1, 2012, he was harassed by the Leader of the Isotopic Methods, Analytical Chemistry Division (Leader). Complainant's complaint was dismissed on several bases. With regard to claim (1), it was determined that this matter was like or related to a claim that was pending before or already decided before the Agency or the Commission. Claims (2) and (3) were dismissed for untimely EEO Counselor contact; and claim (4) was dismissed for failure to state a cognizable claim of discrimination, harassment, or retaliation. The previous decision affirmed the dismissal of Complainant's complaint.
REQUEST FOR RECONSIDERATION CONTENTIONS
Complainant requests a leave of court to obtain documentation from his MSPB file that will prove that he was subjected to disparate treatment, ongoing harassment and a hostile work environment due to his known EEO protected activity. Complainant provided the MSPB transcript and the affidavits of two coworkers who assert that Complainant is a highly respected and recognized expert in his field.
The Agency, among other things, contends that the Commission properly affirmed its decision to dismiss Complainant's complaint for the reasons indicated above. The Agency asks that the Commission deny Complainant's request for reconsideration.
ANALYSIS AND FINDINGS
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. We find that Complainant failed to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or that the appellate decision will have a substantial impact on the policies, practices, or operations of the agency. We find that Complainant has not provided any information related to whether claim 1, was or was not related to another claim pending or decided by the Commission. He did not provide evidence which showed that he contacted an EEO Counselor in a timely fashion as is the bases of the dismissal of claims 2 and 3. Further, Complainant failed to show that claim 4 stated a claim. We find that other than his disagreeing with the findings set forth in the previous decision, he provided no evidence which showed that the previous decision clearly erred. Accordingly, the decision in EEOC Appeal No. 0120130647 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
___6/5/14_______________
Date
2
0520140185
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140185