0520120537
01-16-2013
Satish Dhokai, Complainant, v. Dr. Rebecca Blank, Acting Secretary, Department of Commerce (National Institute of Standards and Technology), Agency.
Satish Dhokai,
Complainant,
v.
Dr. Rebecca Blank,
Acting Secretary,
Department of Commerce
(National Institute of Standards and Technology),
Agency.
Request No. 0520120537
Appeal No. 0120121665
Agency No. 115700358
DENIAL
Complainant timely requested reconsideration of the decision in Satish Dhokai v. Department of Commerce, EEOC Appeal No. 0120121665 (June 25, 2012). 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(b).
On November 2, 2011, Complainant filed at formal complaint in which he alleged that he was subjected to harassment on the bases of race (Asian), national origin (Indian), religion (Hindu), color (unspecified), and in reprisal for prior protected activity when:
1. In November 2003, he was recommended by a colleague to receive a cash award for high performance on a project. However, his supervisor vetoed the recommendation;
2. He was given a counseling letter;
3. He did not receive a pay increase or grade increase (other than the minimum cost of living increase), and on May 9, 2008, his request for a job reclassification and grade increase were denied;
4. He was given a poor performance evaluation in 2008;
5. He was denied a cost of living adjustment in January 2009;
6. He was not awarded a Bronze Medal even though members of his team received a Bronze Medal;
7. His work was scrutinized;
8. He was forced to resign in August 2008;
9. Despite applying on January 24, 2008, for the position of General Engineer, as advertised under Vacancy Announcement Number CFM-2008-0078, he was not selected;
10. Despite applying on February 20, 2009, for the position of Engineer, he was not selected;
11. Despite applying on March 6, 2009, for the position of Mechanical Engineering, as advertised under Vacancy Announcement Number CFM-2009-0077, he was not selected;
12. Despite applying on March 6, 2009, for several Mechanical Engineer positions, as advertised under Vacancy Announcement Number CFM-2009-0078, he was not selected; and
13. Despite applying on April 2, 2009, for the position of General Engineer/Architecture, as advertised under Vacancy Announcement Number CFM-2009-0090, he was not selected.
In our previous decision, the Commission affirmed the Agency's dismissal of claims 1 - 8 on the basis that Complainant untimely filed his complaint with respect to these matters. The Commission also affirmed the Agency's dismissal of claims 9 - 13 on the basis that these matters were not counseled or like or related to matters that were raised by Complainant during counseling in August 2008. The Commission further found that, to the extent that Complainant's communications with EEO officials about claims 9 -13 could somehow be construed as initiating EEO counselor contact, Complainant failed to initiate counseling for claims 9 - 13 in a timely manner.
In his request for reconsideration, Complainant makes assertions about the Agency's actions with respect to pay and grade standards, promotions to supervisory positions, transparency and communication, and hiring practices. Complainant also makes recommendations regarding the Agency's actions which he maintains would have a positive substantial impact on the policies, practices and operations of the Agency if implemented.
We note 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) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here.
Accordingly, 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(b), and it is the decision of the Commission to DENY the request. The decision in EEOC Appeal No. 0120121665 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 (Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request from the Court that the Court appoint an attorney to represent you and that the Court also permit you to file the action without payment of fees, costs, or other security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c). The grant or denial of the request is within the sole discretion of the Court. Filing a request for an attorney with the Court does not extend your time in which to file a civil action. Both the request and
the civil action must be filed within the time limits as stated in the paragraph above ("Right to File a Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
January 16, 2013
Date
2
0520120537
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120537