[Redacted], Theo C., 1 Complainant,v.Thomas J. Vilsack, Secretary, Department of Agriculture (Forest Service), Agency.

Equal Employment Opportunity Commission

Mar 16, 2022

Appeal No. 2020005468 (E.E.O.C. Mar. 16, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Theo C.,1 Complainant, v. Thomas J. Vilsack, Secretary, Department of Agriculture (Forest Service), Agency. Request No. 2022000593 Appeal No. 2020005468 Hearing No. 550-2016-00273X Agency No. FS-2016-00044 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020005468 (November 8, 2021). 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 worked as a Public Affairs Specialist/Press Officer, GS- 13, in the Agency’s Public Affairs and Communications (PAC), Office of the Pacific Southwest Region, Regional Office of the Forest Service, Vallejo, California. Complainant filed a formal complaint which was subsequently amended, claiming discrimination and a hostile work environment based on sex and in reprisal for prior protected activity. 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. 2022000593 2 Complainant initially alleged that he received a reduced performance award amount, his supervisor issued him a “Superior” rating on his annual performance appraisal, his job duties were diminished, and his office assignments were changed. He alleged that he was subjected to various acts of harassment, including that his second-level supervisor told him, “maybe this job isn’t the right job for you anymore,” management threatened to remove some of his job duties, approval of his requested leave was conditional, and his work location was moved from the 2nd floor to the 4th floor of the building. Complainant amended his complaint to allege that the Agency, through his supervisor, issued him a letter of expectation, including seven restrictions on his work and reiterating his unfavorable work schedule; the Agency, through his supervisor, informed him orally that he would no longer be a spokesperson on the issue of tree mortality, which had been part of his job duties as a regional Press Officer; and Complainant was asked to move from the 2nd floor back to the 4th floor. After an investigation, Complainant requested a hearing. The assigned EEOC Administrative Judge (AJ) issued a decision by summary judgment concluding the evidence of record did not establish any discrimination or a hostile work environment. Thereafter, the Agency issued a final order implementing the AJ’s finding of no discrimination or a hostile work environment. Complainant appealed. In EEOC Appeal No. 2020005468, the Commission affirmed the Agency’s final order implementing the AJ’s finding of no discrimination or a hostile work environment. In the instant request for reconsideration, we have carefully reviewed Complainant’s arguments. We note that during the original appeal from the Agency’s final order, Complainant presented a number of arguments, which were carefully considered in reaching our appellate 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. 2020005468 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2022000593 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 16, 2022 Date