[Redacted], William G., 1 Complainant,v.Frank Kendall, Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity Commission

Sep 30, 2022

Appeal No. 2021001634 (E.E.O.C. Sep. 30, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 William G.,1 Complainant, v. Frank Kendall, Secretary, Department of the Air Force, Agency. Request No. 2022002773 Appeal No. 2021001634 Hearing No. 560-2018-00178X Agency No. 9V1M17007 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2021001634 (March 21, 2022). 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 for the Agency as a CY-1702-03 Child and Youth Program Assistant at Tinker Air Force Base, Oklahoma. On February 10, 2017, Complainant filed an EEO complaint, which he subsequently amended, alleging that the Agency subjected him to discrimination based on race (Hispanic), sex (male), and reprisal for prior protected activity when, between July 7, 2016, and June 5, 2017, he was subjected to 28 enumerated instances of discrimination and harassment, including when he was reassigned, when his hours were reduced, when his requests 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. 2022002773 2 for leave without pay and extended sick leave and his implied request for Family and Medical Leave Act leave were denied, and when he was removed. After the investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). The AJ assigned to the case issued a summary judgment decision finding that Complainant did not establish that he was subjected to discrimination as alleged. When the Agency failed to timely issue a final order, the AJ’s decision finding no discrimination became the Agency’s final action. In EEOC Appeal No. 2021001634, the Commission affirmed the Agency’s final action. We determined that the AJ properly found that there were no genuine issues of material fact and that the preponderance of the evidence in the record did not establish that Complainant was subjected to discrimination as alleged. In the instant request for reconsideration, Complainant reiterates contentions and arguments that were raised, or that should have been raised, on appeal. We emphasize that a request for reconsideration is not a second appeal to the Commission. See Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Ch. 9, § VII.A (Aug. 5, 2015); 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. 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. 2021001634 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. 2022002773 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 30, 2022 Date