Tyree L,1 Complainant,v.Wilbur L. Ross, Jr., Secretary, Department of Commerce (Patent and Trademark Office), Agency.

Equal Employment Opportunity Commission

May 4, 2017

0520170201 (E.E.O.C. May. 4, 2017)

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

Tyree L,1
Complainant,

v.

Wilbur L. Ross, Jr.,
Secretary,
Department of Commerce
(Patent and Trademark Office),
Agency.

Request No. 0520170201

Appeal No. 0120170285

Agency No. 16-56-92

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120170285
(January 13, 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 his underlying complaint, Complainant alleged that the Agency subjected him to
discrimination on the bases of his race, national origin, and religion when: (1) on April 27, 2015,
management denied him a within grade increase; (2) on April 27, 2015, management gave him a
“marginal” rating on his fiscal year 2015 mid-year evaluation; (3) on or about April 30, 2015,
management subjected him to a hostile work environment when Complainant’s supervisor
contacted his father in a non-emergency situation; (4) on or about August 26, 2015, management
did not select him for the position of Supervisory Patent Examiner; and (5) on or about June 7,
2016, management pressured him to sign a settlement agreement during the grievance process.

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.
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In its final decision, the Agency dismissed the complaint. On appeal, the Commission affirmed
the dismissal. Specifically, we found that claims (1) and (2) were properly dismissed, pursuant to
29 C.F.R. §614.107(a)(4), because Complainant elected to raise the same matters in a negotiated
grievance procedure that permits claims of discrimination. We also found that claims (3) and (5)
were properly dismissed, pursuant to 29 C.F.R. § 1614.107(a)(1), for failure to state a claim. We
noted that regarding claim (5), Complainant freely chose not to sign the agreement. And finally,
we found that claim (4) was properly dismissed, pursuant to 29 C.F.R. § 1614.107(a)(2), for
untimely EEO counselor contact.

In his request for reconsideration, Complainant contends the Commission erred in affirming the
dismissal of his complaint because “the Union ignored [his] claims of discrimination” and that he
was aggrieved by the Agency’s actions. We find, however, that after reviewing the previous
decision and the entire record, it is clear that our analysis was correct and Complainant’s claims
were properly dismissed. We find 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. 0120170285 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. Such requests do not alter
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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

May 4, 2017
Date