Ivan V.,1 Complainant,v.Dr. Mark T. Esper, Secretary, Department of Defense (Defense Logistics Agency), Agency.

Equal Employment Opportunity Commission

Nov 3, 2020

2020004505 (E.E.O.C. Nov. 3, 2020)

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

Ivan V.,1
Complainant,

v.

Dr. Mark T. Esper,
Secretary,
Department of Defense
(Defense Logistics Agency),
Agency.

Request No. 2020004505

Appeal No. 2020001819

Agency No. DLAN-19-0016

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Ivan V v. Department of Defense, EEOC Appeal No.
2020001819 (May 27, 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 subjected him to unlawful race,
sex, and reprisal discrimination when: (1) on or about July 18, 2018, during a presentation at a
meeting in Fort Belvoir, Complainant distributed handouts as requested by his supervisor, who
was the presenter. When he got to the table of the Chief, Inventory Management, she angrily,
loudly, and rapidly asking him, “what is this?”, “who gave you authority to do this?!”, “do you
have enough copies for everyone?!”, “did you email me a copy?!”, etc. As he responded, the Chief
made weird, loud, derisive, mocking laughter; and (2) on August 23, 2018, at a large meeting in

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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New Cumberland, Pennsylvania, after the Chief tossed out a question to the attendees,
Complainant gave an informed response, which included an example about trash in the warehouse
along with an email to the Chief’s subordinate with source material. The Chief replied that she
needed a real answer, not “trash”, and after the subordinate seemingly forwarded his email to the
Chief, she slammed her laptop closed and said something to the effect that, “this is exactly what I
said I don’t want.” 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. On appeal, the Commission affirmed the Agency’s
final decision, finding that the actions alleged fail to rise to the level of actionable harassment.

In his request for reconsideration, Complainant largely reiterates arguments made, and fully
considered on 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.

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. 2020001819 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.
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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