0520120132
05-24-2012
Jose A. Robledo, Jr., Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security (Transportation Security Administration), Agency.
Jose A. Robledo, Jr.,
Complainant,
v.
Janet Napolitano,
Secretary,
Department of Homeland Security
(Transportation Security Administration),
Agency.
Request No. 0520120132
Appeal No. 0120113438
Agency No. HS09TSA001111
DENIAL
Complainant timely requested reconsideration of the decision in Jose A. Robledo, Jr. v. Dep't of Homeland Security, EEOC Appeal No. 0120113438 (October 21, 2011). 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(b).
In the appellate decision, Complainant appealed the Agency's final decision awarding Complainant $3000 in non-pecuniary compensatory damages. Previously the Commission in Robledo v. Dep't of Homeland Security, EEOC Appeal No. 0120073884 (Nov. 18, 2010) determined that the Agency discriminated against Complainant on the basis of his religion and remanded the case for an investigation and determination on damages. In the appellate decision, the Commission affirmed the Agency's award of $3000 in non-pecuniary compensatory damages and denial of pecuniary damages. Complainant requests that the Commission reconsider its decision.
In his request for reconsideration, the Complainant argues that the award was not sufficient and he suffered for 2555 days. Complainant argues that the Commission should take into account all of the days that he suffered from the actions of his second line supervisor and the damage inflicted upon his reputation. Complainant also argues that he is entitled to $299,957 in non-pecuniary damages.
Complainant largely reiterates arguments made previously on appeal. We remind Complainant 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), 9-17 (November 9, 1999). A reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has done neither here. Because we find that Complainant failed to meet the criteria of 29 C.F.R. � 1614.405(b), we will deny the request.
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(b), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120113438 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
_____5/24/12_____________
Date
2
0520120132
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120132