Augustine S.,1 Complainant,v.Eric Fanning, Acting Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Apr 14, 2016

0520160147 (E.E.O.C. Apr. 14, 2016)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Augustine S.,1
Complainant,

v.

Eric Fanning,
Acting Secretary,
Department of the Army,
Agency.

Request No. 0520160147

Appeal No. 0120152910

Agency No. ARCEHECSA14AUG04200

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120152910
(December 22, 2015). EEOC Regulations provide that the Commission may, in its discretion,
grant a request to reconsider any previous Commission decision 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).

In his underlying appeal, Complainant alleged that the Agency subjected him to unlawful
race/national origin and reprisal discrimination when the Engineer Inspector General (EIG)
failed to process several of his complaints. In its final decision, the Agency dismissed the
complaint, pursuant to 29 C.F.R. § 1614.107(a)(1), for failure to state a claim and lodging a
collateral attack on another proceeding. On appeal, the Commission affirmed the Agency’s
dismissal.

In his request for reconsideration, Complainant argues that the he is not lodging a collateral
attack and that he was aggrieved by the inaction of the EIG. We find, however, that the
evidence of record, including Complainant’s brief in support of this request, does not support
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.

0520160147

2
Complainant’s contention that he was aggrieved. Accordingly, 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. 0120152910 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.

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

April 14, 2016
Date