Milan S.,1 Complainant,v.Thomas B. Modly, Acting Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

Jan 8, 2020

2019005896 (E.E.O.C. Jan. 8, 2020)

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

Milan S.,1
Complainant,

v.

Thomas B. Modly,
Acting Secretary,
Department of the Navy,
Agency.

Request No. 2019005896
Appeal No. 0120180966
Agency No. 176785400906

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120180966 (July 23, 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).

In his underlying complaint, Complainant alleged that the Agency subjected him to unlawful
discrimination on the bases of age (57), disability (perceived mental or intellectual disability),
and in reprisal for engaging in prior EEO activity when, on January 4, 2017, he received a
negative score on his Performance Appraisal for the rating period of October 1, 2015, through
September 30, 2016. After an investigation, the Agency issued a final decision, finding no
discrimination as alleged.

On appeal, the Commission affirmed the Agency’s decision. Specifically, the Commission found
after reviewing the entire record, the evidence did not support Complainant’s allegations that his
performance appraisal was so unreasonable as to give rise to an inference of discrimination.

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.
2019005896

2
In his request for reconsideration, Complainant reiterates his contention that the Commission
failed to address inconsistencies between Complainant and witness statements in the Report of
Investigation. We find, however, that Complainant’s arguments were fully considered on appeal,
and 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. 0120180966 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
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

January 8, 2020
Date