Complainant,v.Daniel M. Tangherlini, Administrator, General Services Administration, Agency.

Equal Employment Opportunity Commission

May 28, 2015

05-2015-0264-0500 (E.E.O.C. May. 28, 2015)

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

,
Complainant,

v.

Daniel M. Tangherlini,
Administrator,
General Services Administration,
Agency.

Request No. 0520150264
Appeal No. 0120142932
Hearing No. 480-2012-00573X
Agency No. 11R9FASAR27

DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in Complainant v. General
Services Administration, EEOC Appeal No. 0120142932 (February 11, 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 complaint, Complainant alleged that the Agency subjected him to unlawful
discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
§ 2000e et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as
amended, 29 U.S.C. § 621 et seq.

, on the bases of his national origin (Mexican), color
(brown), age (56), and in reprisal for prior protected EEO activity when: (1) effective October
1, 2011, management reassigned him to another position; and (2) on August 31, 2011,
management directed him to return his government vehicle. Complainant initially requested a
hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ), but
subsequently withdrew his complaint and the AJ issued an order of dismissal on June 27, 2014.
In its final decision, the Agency adopted the AJ’s dismissal. On appeal, Complainant argued
that his attorney requested the withdrawal of his complaint without his knowledge. The
Commission, however, affirmed the Agency’s dismissal of the complaint, finding that there
was no evidence to show that Complainant informed his attorney or the AJ that he did not wish
to withdraw his complaint.
0520150264

2
In his request for reconsideration, Complainant raises the same arguments as stated on appeal.
He also states that he and the Agency entered into a settlement agreement, however, he has not
provided a signed copy of any agreement and the Agency denies that an agreement was ever
reached. 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.
0120142932 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

(Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an
attorney, you may request from the Court that the Court appoint an attorney to represent you
and that the Court also permit you to file the action without payment of fees, costs, or other
security. See

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et
seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 791, 794(c). The grant or
denial of the request is within the sole discretion of the Court. Filing a request for an attorney
with the Court does not extend your time in which to file a civil action. Both the request and
the civil action must be filed within the time limits as stated in the paragraph above (“Right to
File a Civil Action”).
FOR THE COMMISSION:

______________________________
Carlton M. Hadden, Director
Office of Federal Operations

Date
May 28, 2015