2020001198•EEOC Appeal 2020001198
Full text
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Adalberto P., 1 Complainant, v. Sonny Perdue, Secretary, Department of Agriculture (Animal and Plant Health Inspection Services), Agency. Request No. 2020001198 Appeal No. 2019001331 Agency No. APHIS201800162 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019001331 (November 5, 2019). 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). In his underlying complaint, Complainant alleged that the Agency subjected him to discrimination and harassment on the bases of national origin (Mexican) and age when: 1. On October 5, 2017, he was issued an unfavorable rating on his Annual Performance Evaluation; 2. On October 4, 2017, he was denied an opportunity to work on the Aerial Delivery System (ADS) project; and 3. He was subjected to various incidents of harassment, including but not limited to when: 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.
2020001198 2 a. On January 5, 2018, a management official sent him an unsolicited text message and asked him a series of questions about his active EEO complaint and gave him literature regarding the EEO process; b. On December 13 and 18, 2017, he received questionable unsolicited text messages from a manager and the manager informed him that the managers were “working on something against him;” c. On October 4, 2017 and other dates, his supervisor told him he was getting “too old” and “too slow” for the ADS project and they “needed people who were faster” than him to serve on the project; and d. On October 2, 2015, he was issued a Letter of Instruction. Following an investigation and development of the record, the Agency’s issued a final decision finding that Complainant failed to prove that the Agency subjected him to discrimination as alleged. On appeal, the Commission affirmed the Agency’s final decision. Specifically, the Commission found that that Complainant failed to establish pretext or that the incidents, even if true and taken together, were severe or pervasive to establish actionable harassment. In his request for reconsideration, Complainant largely reiterates arguments made, and fully considered on appeal. Complainant also attached letters authored by Complainant addressing his allegations to the EEO Counselor in the informal counseling stage of his EEO complaint. Additionally, Complainant argues he is presenting new evidence to support his claim regarding a Letter of Reprimand. 2 In response, the Agency argues his request for reconsideration should be denied because Complainant has failed to meet the criteria for reconsideration. The Agency states Complainant submits with his reconsideration request allegedly new evidence in the form of unsupported self-serving statements and adds a new allegation related to a Letter of Reprimand. The Agency argues neither are proper when raised for the first time on appeal. We agree with the Agency. 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. 2019001331 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2 To the extent that Complainant is raising a new claim of discrimination regarding a Letter of Reprimand, he may raise such claims with an Agency EEO counselor in order to initiate another complaint.
2020001198 3 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). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations August 24, 2020 Date
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.