Brenton R.,1 Complainant,v.Deborah Lee James, Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionJul 14, 2016
0520160235 (E.E.O.C. Jul. 14, 2016)

0520160235

07-14-2016

Brenton R.,1 Complainant, v. Deborah Lee James, Secretary, Department of the Air Force, Agency.


U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

Brenton R.,1

Complainant,

v.

Deborah Lee James,

Secretary,

Department of the Air Force,

Agency.

Request No. 0520160235

Appeal No. 0120142272

Hearing No. 540-2013-00182X

Agency No. 8L1M12060

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120142272 (January 29, 2016). 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).

During the period at issue, Complainant worked as a Management Analyst for the Agency in Hill Air Force Base, Utah. Complainant filed a formal EEO complaint alleging discrimination based on retaliation. Complainant claimed that he was harassed when a supervisor asked him what the "No Fear Act" meant, during a staff briefing; the supervisor informed Complainant that Complainant would have to sign paperwork reflecting that Complainant would not fail an inspection on purpose; and Complainant was made aware of a conversation which included the statement that Complainant "wouldn't be working here much longer."

The prior appellate decision affirmed the Agency's final action implementing the EEOC Administrative Judge (AJ)'s summary judgment finding no discrimination.

In his Request for Reconsideration, Complainant argues that the AJ erred in issuing a summary judgment finding no discrimination. Complainant provided extensive arguments in support of her original appeal of this matter. Complainant's arguments on his request for reconsideration encompass a variety of matters, including the assertion that the investigator conducted an inadequate investigation and that the AJ erred issuing a summary judgment finding no discrimination. Specifically, Complainant stated that the AJ contacted him several times because "he wanted me to send evidence to support my case. I told him I had several items with that. I had emails and information that was taken from my computer at work and MSN account at home...I asked him to have the Air Force provide all evidence that it had with my case in a letter, to which I did. One copy to him and one copy to the Air Force lawyer...I was really surprised to find out [AJ] ruled because of no evidence. I also told him that everyone in the unit didn't see a thing, because they were frightened. I would only be getting statements from two individuals."

Despite Complainant's assertions in his request, we nevertheless determine that Complainant's request to reconsider primarily focuses on the substance of the finding of no discrimination, with arguments that clearly had been raised, or certainly could have been raised, during the original appeal. In this regard, we emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, � VII.A. 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. 0120142272 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

July 14, 2016

__________________

Date

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

0520160235

2

0520160235

4

0520160235