Collin R.,1 Complainant,v.Chad F. Wolf, Acting Secretary, Department of Homeland Security (Immigration and Customs Enforcement), Agency.

Equal Employment Opportunity Commission

Nov 3, 2020

2020004454 (E.E.O.C. Nov. 3, 2020)

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

Collin R.,1
Complainant,

v.

Chad F. Wolf,
Acting Secretary,
Department of Homeland Security
(Immigration and Customs Enforcement),
Agency.

Request No. 2020004454

Appeal No. 2019004143

Agency No. HS-ICE-00989-2017

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Collin R. v. Dep’t of Homeland Security, EEOC Appeal
No. 2019004143 (April 24, 2020). 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).

In his underlying complaint, Complainant alleged that the Agency discriminated against him based
on sex (sexual orientation) when, on January 17, 2017, he was notified that he was found unsuitable
for the position of Deportation Officer, GL-1801-05/07, advertised under Vacancy Announcement
(VAN) LAG-FBO-1534277-AE-096, and the Agency rescinded its tentative offer of employment.

The Agency issued a final decision finding no discrimination. Complainant appealed the Agency’s
decision to the Commission.

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.
2020004454

2
In our previous decision, the Commission found the Agency articulated legitimate,
nondiscriminatory reasons for its actions. Specifically, the Agency noted that an inquiry into
Complainant’s previous resignation from the Agency revealed that there were multiple allegations
of misconduct about Complainant during his prior employment including providing false
statements to the Office of Professional Responsibility (OPR), lack of candor, misuse of a
government vehicle, and use of his position or authority for other than official purposes. It was
determined Complainant resigned from his position under the cloud of these allegations. Based
on this information, the Agency determined Complainant was not suited for rehire and rescinded
its provisional offer. The Commission found Complainant failed to show that the articulated
reason for rescinding the offer was a pretext for discrimination.

In his request for reconsideration, Complainant reiterates numerous arguments he previously
raised in his appeal. The Commission emphasizes 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) (Aug. 5, 2015), at 9-18; 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. 2019004143 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.
2020004454

3
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, 2020
Date