[Redacted], Adrian W., 1 Complainant,v.Thomas W. Harker, Acting Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

Mar 5, 2021

Appeal No. 2019005573 (E.E.O.C. Mar. 5, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Adrian W.,1 Complainant, v. Thomas W. Harker, Acting Secretary, Department of the Navy, Agency. Request No. 2021000795 Appeal No. 2019005573 Hearing No. 480-2015-00530X Agency No. 14-67400-03529 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019005573 (Sept. 24, 2020). 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). The record reflects the following chronology of events. During the period at issue, Complainant was a 2008 federal retiree who served as a Construction an Environmental Engineer for over 28 years, and he was Reinstatement Eligible for federal jobs. On October 9, 2014, Complainant filed a complaint alleging that the Agency discriminated against him on the bases of national origin (Indian), sex (male), age (71) and in reprisal for prior protected activity (prior EEO cases) when: 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. 2021000795 2 1. Complainant alleged that he was subjected to discrimination and retaliation when on March 25, 2014, Complainant was not selected for Supervisory Environmental Engineer, GS-0819-13 (Vacancy ID # 1084643). 2. Complainant alleged he was subjected to discrimination and retaliation when: a. On November 3, 2014, Complainant received notice that he was not selected for an Environmental Protection Specialist position, GS-0028-12, Announcement Number SW40028-12-1168338N987184990 (Vacancy ID # 168338); and b. On November 27, 2014, Complainant received another notice that he was not selected for Supervisory Environmental Engineer position, GS-0819-13, Announcement Number SW40819-13-1182838N98885190 (Vacancy ID # 118283). After its investigation into the complaint, the Agency provided Complainant with a copy of the report of investigation and notice of right to request a hearing before an EEOC Administrative Judge (AJ). Complainant requested a hearing. The Agency submitted a motion for a decision without a hearing and Complainant filed a response. The AJ subsequently issued a decision by summary judgment in favor of the Agency. The Agency issued a final order adopting the AJ’s finding of no discrimination. Complainant filed an appeal. The detailed decision in EEOC Appeal No. 2019005573 affirmed the Agency’s final order implementing the AJ’s decision by summary judgment concluding no discrimination was proven. In his request, Complainant, reiterating arguments he previously made, does not provide any evidence to warrant a granting of the request. The Commission emphasizes that a request for reconsideration is not a second appeal to the Commission. See Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1613 (EEO MD-110) (Aug. 5, 2015), at 9-18. 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. 2019005573 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2021000795 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 March 5, 2021 Date