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

Equal Employment Opportunity Commission

Jun 6, 2022

Appeal No. 2021002345 (E.E.O.C. Jun. 6, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Zachery V.,1 Complainant, v. Frank Kendall, Secretary, Department of the Air Force, Agency. Request No. 2022001874 Appeal No. 2021002345 Hearing No. 450-2020-00072X Agency No. 5A0J16002F21 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2021002345 (January 18, 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). During the relevant time, Complainant worked as an Information Technology Specialist, GG- 2210-19, for the Agency’s 17th Training Support Squadron at Goodfellow Air Force Base, in Texas. His appointment was subject to a two-year probationary period, beginning August 24, 2015. Complainant filed a formal complaint, claiming discrimination based on race, sex, religion, and disability. 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. 2022001874 2 Complainant alleged that his first-level supervisor and his second-level supervisor informed him that he was removed from his duties in the 17th Communications Squadron due to comments he had made; his second-level supervisor issued him a written warning for sending an email to the Operations Flight Director, 17th Communications Squadron; he was denied a reasonable accommodation; and he was terminated from his position on April 8, 2016. Complainant also alleged he was subjected to a hostile work environment related to comments made by his coworkers about his race and religious dietary restrictions. After an investigation, Complainant requested a hearing, but subsequently withdrew his request. Thereafter, the Agency issued final decision concluding the evidence of record did not establish that Complainant was subjected to discrimination as alleged. Complainant appealed. In EEOC Appeal No. 2021002345, the Commission affirmed the Agency’s final decision find finding no discrimination. In the instant request for reconsideration, we have carefully reviewed Complainant’s arguments and materials submitted and determine that the matters either were raised or could have been raised below. We note that during the original appeal from the Agency’s final order, Complainant presented extensive arguments. We emphasize 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), Chap. 9 § VI.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. 2021002345 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. 2022001874 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 June 6, 2022 Date