Darrell K.,1 Complainant,v.Rex W. Tillerson, Secretary, Department of State, Agency.

Equal Employment Opportunity Commission

May 25, 2017

0520170237 (E.E.O.C. May. 25, 2017)

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

Darrell K.,1
Complainant,

v.

Rex W. Tillerson,
Secretary,
Department of State,
Agency.

Request No. 0520170237

Appeal No. 0120170380

Agency No. DOS-0317-16

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120170380
(January 30, 2017). 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 claimed that the Agency subjected him to
discrimination on the basis of disability in violation of Section 501 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. § 791 et seq. when:

1. in October 2015, he was not selected for promotion;
2. on December 14, 2015, he received a Low Ranking Statement (LRS); and
3. in May 2016, during Complainant's attempt to address his LRS, an Agency official
advised him not to mention his disability.

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.
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2
On October 7, 2016, the Agency issued its final decision dismissing Claims 1 and 2, pursuant 29
C.F.R. § 1614.107(a)(l), because the same claims had already been previously raised and
adjudicated in Agency Case No. DOS-0140-16. The Agency dismissed Claim 3 pursuant to 29
C.F.R. § 1614.107(a)(l), for failure to state a claim because the claim did not rise to the level of
an adverse action or have the effect of unreasonably interfering with the work environment
and/or creating a hostile work environment.

On appeal, the Commission affirmed the Agency’s decision because the dismissed claims were
identical to those raised in a prior EEO complaint and Complainant had not alleged that he had
been subjected to an adverse action or proved that he had been harassed.

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. 0120170380 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
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3
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

May 25, 2017
Date