[Redacted], Tim H., 1 Complainant,v.Alejandro N. Mayorkas, Secretary, Department of Homeland Security, (U.S. Coast Guard), Agency.Download PDFEqual Employment Opportunity CommissionJan 31, 2023Appeal No. 2022003490 (E.E.O.C. Jan. 31, 2023) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Tim H.,1 Complainant, v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security, (U.S. Coast Guard), Agency. Request No. 2022005034 Appeal No. 2022003490 Agency No. HS-USCG-01643-2022 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Tim H. v. Department of Homeland Security, EEOC Appeal No. 2022003490 (September 6, 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 worked for the Agency as a Visual Information Specialist in Elizabeth City, North Carolina. 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 2022005034 On May 6, 2022, Complainant filed a formal EEO complaint, claiming that the Agency discriminated against him based on disability. Complainant alleged that between 2020 and July 30, 2021, the Agency denied him a reasonable accommodation; and on or about July 30, 2021, the Agency discharged him from his position. On June 1, 2022, the Agency dismissed the formal complaint for untimely EEO Counselor contact. Complainant appealed. In Appeal No. 2022003490, the Commission affirmed the Agency’s final decision, dismissing the formal complaint for untimely EEO contact. In the instant request for reconsideration, Complainant raises arguments which either were raised, or which could have been raised below. 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. We also note that in the instant request, Complainant expresses his intent to pursue a civil action and requests that the Commission assist him in obtaining legal counsel. However, the Commission does not provide legal counsel to federal EEO complainants. Complainant will have to make any request for appointed counsel to the court where he files his civil action. 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. 2022003490 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. 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. 3 2022005034 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 January 31, 2023 Date Copy with citationCopy as parenthetical citation