Michal J.,1 Complainant,v.Nancy A. Berryhill, Acting Commissioner, Social Security Administration, Agency.Download PDFEqual Employment Opportunity CommissionApr 18, 20180520180160 (E.E.O.C. Apr. 18, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Michal J.,1 Complainant, v. Nancy A. Berryhill, Acting Commissioner, Social Security Administration, Agency. Request No. 0520180160 Appeal No. 0120172130 Agency Nos. NY-16-0577-SSA, NY-16-0474-SSA DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120172130 (November 14, 2017). 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). Complainant filed two formal complaints on July 8, 2016 and July 25, 2016, respectively. In these complaints, which the Agency consolidated, Complainant claimed that the Agency discriminated against him based on disability when: 1. the Agency did not provide him with a reasonable accommodation; 2. he was subjected to harassment and a hostile work environment with respect to segregated training, computer issues, and promotion opportunities; and 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. 0520180160 2 3. the Agency did not provide him with a reasonable accommodation regarding adaptive equipment to perform union duties. In its final decision, the Agency dismissed Claim #3, pursuant to 29 C.F.R. § 1614.107(a)(1), for failure to state a claim. The Agency addressed the remaining claims on the merits, finding no discrimination. On appeal, the Commission affirmed the Agency’s dismissal of Claim #3, on the ground that the reasonable accommodation requested would not have assisted Complainant in the performance of the essential functions of his position but rather his duties as a union steward. On the merits of Claim #1, the Commission found that the Agency had provided every reasonable accommodation required for the performance of Complainant’s work duties. The only accommodation denied by the Agency related to the performance of Complainant’s duties as a union steward for which the Agency was not required to provide a reasonable accommodation. With respect to Claim #2, the Commission found that Complainant failed to prove that the allegedly harassing acts to which he was subjected were motivated by animus toward Complainant’s disability. In his request for reconsideration, Complainant disputes the facts that were discussed in the analysis of his complaints in the previous appeal. He states that he wishes to withdraw any claims relating to his “request for adaptive equipment as a union rep.” Moreover, in his request for reconsideration Complainant denies ever having been subjected to harassment or claiming that he was denied a reasonable accommodation. He argues that his complaint was about being subjected to disparate treatment and segregated from his co-workers. We find that Complainant’s arguments do not 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. We note that the previous decision did address his disparate treatment claims and claims of segregation. Complainant has not shown the conclusions of the previous decision to be clearly erroneous. Accordingly, we find that Complainant failed to demonstrate that the Commission should reconsider its appellate decision. 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. 0120172130 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 0520180160 3 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 18, 2018 Date Copy with citationCopy as parenthetical citation