[Redacted], Ron W., 1 Complainant,v.Kilolo Kijakazi, Acting Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Dec 22, 2022

Appeal No. 2021002592 (E.E.O.C. Dec. 22, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Ron W.,1 Complainant, v. Kilolo Kijakazi, Acting Commissioner, Social Security Administration, Agency. Request No. 2022004125 Appeal No. 2021002592 Agency No. HQ-20-0229-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. 2021002592 (June 27, 2022). 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). At the time of events giving rise to this complaint, Complainant worked as an Attorney Advisor, GS-11, at the Agency’s Office of Appellate Operations in Baltimore, Maryland. On February 6, 2020, Complainant filed an EEO complaint alleging that the Agency discriminated against him based on sex (male), age (55), and in reprisal for prior protected EEO activity when: 1. From June through November 14, 2019, the Agency subjected Complainant to nonsexual harassment in terms of working conditions, performance evaluation, assignment of duties, management criticizing senior or experienced attorneys, 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. 2022004125 2 management encouraging him to resign, and management terminating his employment; 2. On October 29, 2019, management gave him an inaccurate performance evaluation; and 3. On November 12, 2019, he received a Notice of Termination to inform him that his probationary employment would be terminated, effective November 14, 2019. At the conclusion of the investigation, the Agency provided Complainant with a copy of the report of investigation and notice of his right to request a hearing before an EEOC Administrative Judge. When Complainant failed to timely request a hearing within the time frame provided in 29 C.F.R. § 1614.108(f), the Agency issued a final decision pursuant to 29 C.F.R. § 1614.110(b). The Agency concluded that Complainant failed to prove that the Agency subjected him to discrimination as alleged. Complainant appealed the Agency’s final decision. In EEOC Appeal No. 2021002592, we affirmed the Agency’s final decision. The prior decision found that Complainant failed to show that the Agency’s articulated reasons were pretext for discrimination. Further, the prior decision noted that Complainant did not demonstrate that claims 2 and 3 were motivated by discrimination or retaliation. As to claim 1, the prior decision held that Complainant did not establish that the events alleged constituted a hostile work environment or that the alleged actions were based on discriminatory or retaliatory animus. Therefore, our prior decision affirmed the Agency’s final decision finding no discrimination or harassment. The instant request for reconsideration followed. Complainant argues that the prior decision was clearly erroneous. However, upon review, nothing that Complainant has submitted supports a determination that the prior decision was in error. A request for reconsideration is not a second appeal to the Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 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. 2021002592 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2022004125 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 December 22, 2022 Date