Sang L.,1 Complainant,v.Scott Pruitt, Administrator, Environmental Protection Agency, Agency.

Equal Employment Opportunity Commission

Jun 14, 2017

0520170234 (E.E.O.C. Jun. 14, 2017)

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

Sang L.,1
Complainant,

v.

Scott Pruitt,
Administrator,
Environmental Protection Agency,
Agency.

Request Nos. 0520170233 & 0520170234

Appeal Nos. 0120162535 & 0120162765

Hearing No. 570-2015-00011X

Agency Nos. 2014-0009-HQ, 2014-0044-HQ, & 2015-0015-HQ

DECISION ON REQUESTS FOR RECONSIDERATION

Complainant timely requested reconsideration of the decisions in EEOC Appeal No. 0120162535
(January 27, 2017) and in EEOC Appeal No. 0120162765 (January 27, 2017). 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(c). In accordance with 29 C.F.R. § 1614.606, the Commission
exercises its discretion and consolidates the above-referenced reconsideration requests for
decision.

In March and June of 2014, Complainant filed Complaint Nos. 2014-0009-HQ and 2014-0044-
HQ. On February 14, 2015, Complainant filed Complaint No. 2015-0015-HQ. In all three
complaints, he alleged that he had been subjected to disparate treatment and exposed to a hostile
work environment because of his race, national origin, gender, age, and previous EEO activity.

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.
0520170233

2
The Agency investigated Complaints 2014-0009-HQ and 2014-0044-HQ and referred them to an
Equal Employment Opportunity Commission Administrative Judge (AJ) in accordance with
Complainant’s request.

On October 7, 2015, Complainant filed Civil Action No. 1:15-cv-1644 in the United States
District Court for the District of Columbia in which he raised the same claims that he raised in
his administrative EEO complaint. In accordance with 29 C.F.R. § 1614.409, the AJ dismissed
Complaints 2014-0009-HQ and 2014-0044-HQ, and the Agency terminated the processing of all
three complaints. In our previous decisions we affirmed the Agency’s decisions and dismissed
both appeals.

Complainant disputes that the complaints are properly dismissed for being the same claims as
those raised in his district court action. The Agency urges the Commission to deny the requests
for reconsideration. We find that Complainant has not shown that his requests demonstrate that
the previous decisions 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.

After reviewing the previous decisions and the entire record, the Commission finds that the
requests fail to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the
Commission to deny both requests. The decision in EEOC Appeal Nos. 0120162535 and
0120162765 remain the Commission's decisions. 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).
0520170233

3

FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

June 14, 2017
Date