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

Equal Employment Opportunity Commission

Nov 3, 2022

Appeal No. 2021000800 (E.E.O.C. Nov. 3, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Shane R.,1 Complainant, v. Kilolo Kijakazi, Acting Commissioner, Social Security Administration, Agency. Request No. 2022004277 Appeal No. 2021000800 Hearing Nos. 471-2016-00052X; 471-2016-00054X Agency Nos. CHI-15-0465; CHI-15-1017 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2021000800 (July 14, 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). During the relevant time, Complainant was employed by the Agency as a Bilingual Claims Representative in Pontiac, Michigan. 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. 2 2022004277 On April 23, 2015, Complainant filed a formal complaint (Agency No. CHI-15-0465), claiming unlawful employment discrimination based on race/national origin, disability, and in reprisal for prior protected activity when: he was denied a reasonable accommodation; a manager placed his hand on Complainant’s shoulder when discussing a claimant who was a sex offender; and his managers met with him to discuss the claimant who was a sex offender, which triggered Complainant’s personal memories of child abuse. On October 16, 2015, Complainant filed a second formal complaint (Agency No. CHI-15-1017) claiming unlawful employment discrimination based on race and in reprisal for prior protected activity when he was not selected for a Program Analyst position; and management refused to assist him in setting up logistics for an interview and marked him as absent without leave when he traveled to another facility to participate in the interview. Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). The assigned AJ consolidated both complaints and issued a summary judgment decision finding no discrimination or unlawful retaliation was established. The Agency thereafter issued a final order implementing the AJ’s summary judgment decision. On appeal, in EEOC Appeal No. 2021000800, the Commission affirmed the Agency’s final order implementing the AJ’s summary judgment decision finding no discrimination or retaliation. In the instant request for reconsideration, Complainant raises no arguments regarding any error in the prior decision. We emphasize that 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. 2021000800 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. 3 2022004277 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 November 3, 2022 Date