Lazaro G.,1 Complainant,v.Wilbur L. Ross, Jr., Secretary, Department of Commerce (Patent and Trademark Office), Agency.

Equal Employment Opportunity Commission

Sep 17, 2019

2019004185 (E.E.O.C. Sep. 17, 2019)

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

Lazaro G.,1
Complainant,

v.

Wilbur L. Ross, Jr.,
Secretary,
Department of Commerce
(Patent and Trademark Office),
Agency.

Request No. 2019004185

Appeal No. 0120170766

Agency No. 15-56-18

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120170766 (April 25, 2019). 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).

Complainant worked at the Agency as a Patent Examiner between September 2003 and October
2004. In 2014, Complainant applied for reemployment with the Agency as a Patent Examiner
(Computer Engineering), GS-7 and GS-9, under Vacancy Announcement Numbers CP-2014-
0069 and CP-2014-0075. On March 9, 2015, Complainant filed an EEO complaint alleging that
the Agency discriminated against him based on disability and reprisal for prior EEO activity
when it failed to select him for a Patent Examiner position.

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.
2019004185

2
Following an EEO investigation, at Complainant’s request, the Agency issued a final agency
decision. In the decision, the Agency found no discrimination. An appeal from Complainant
followed, which the Commission docketed as EEOC Appeal No. 0120170766. In a decision
dated April 25, 2019, in EEOC Appeal No. 0120170766, the Commission affirmed the Agency’s
finding of no discrimination.

The instant Request for Reconsideration from Complainant followed. In his reconsideration
request, Complainant alleged that the Commission minimized the impact of the Patent Hiring
Center Director on the decision-making process and her impact on Complainant’s future
applications for rehire. Complainant stated that there is no legitimate, nondiscriminatory reason
that the Hiring Center Director would not recommend him for rehire. Complainant asked the
Commission to reconsider his prior submissions in full. Complainant stated that the Agency did
not investigate the disparate impact its hiring practices (utilizing Re-Hiring Analysis for Former
Agency Employees form) have on persons with disabilities.

We emphasize that a request for reconsideration is not a second appeal to the Commission. See
EEO MD-110, Ch. 9, § VII.A. 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. Complainant reiterated contentions that were considered
and/or addressed by the decision in EEOC Appeal No. 0120170766. The decision in EEOC
Appeal No. 0120170766 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.

2019004185

3
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
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

September 17, 2019
Date