Taylor Z.,1 Complainant,v.Betsy DeVos, Secretary, Department of Education, Agency.

Equal Employment Opportunity Commission

Apr 5, 2019

2019001136 (E.E.O.C. Apr. 5, 2019)

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

Taylor Z.,1
Complainant,

v.

Betsy DeVos,
Secretary,
Department of Education,
Agency.

Request No. 2019001136

Appeal No. 0120160404

Hearing No. 570-2014-00872

Agency No. ED2012OSERS0058

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120160404 (September 14, 2018).
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 as a Grants Management Specialist, GS-1101-12, at the Agency’s
headquarters in Washington, D.C. Complainant filed an EEO complaint, later amended, alleging
that eleven management officials subjected him to disparate treatment and harassment because of
his age, sex and reprisal between September 2010 and September 2013. Complainant raised 30
allegations in support of his claims involving, but not limited to, assignments, discussions,
supervision, evaluation, serving as an acting manager, promotions and non-selections, being
yelled at, details, training, and being subjected to undue scrutiny.

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.
2019001136

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Complainant initially requested a hearing, but subsequently withdrew his request. Our prior
decision affirmed the Agency’s findings of no discrimination or reprisal. The lengthy decision
identified each claim. It found that Complainant failed to show that the Agency’s reasons for its
actions were a pretext for discrimination or reprisal.

In his request for reconsideration, Complainant focuses on his reprisal claim, and expresses his
disagreement with the prior decision. We emphasize that a request for reconsideration is not a
second appeal to the Commission. See EEO MD-110, Ch. 9, § VII.A. 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. 0120160404 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.
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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

April 5, 2019
Date