EEOC Appeal 2020001585

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Tyree L.,1
Complainant,
v.
Elaine L. Chao,
Secretary,
Department of Transportation
(Research and Innovative Technology Administration),
Agency.
Request No. 2020001585
Appeal No. 0120182843
Hearing Nos. 570-2014-00106X, 570-2014-00094X
570-2014-00263X
Agency Nos. 2010-23160-RITA-02, DOT-2013-2497-RITA-02,
DOT-2013-25200-RITA-02
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120182843 (October 29, 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).
Complainant worked as a Mathematical Statistician, GS-14, at the Agency’s Research and
Innovative Technology Administration, Bureau of Transportation Statistics, in Washington, D.C.
Complainant filed three EEO complaints.
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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The first complaint, alleging discrimination on the bases of age and reprisal, included claims that
he was sent out on an involuntary six-month detail, he received a mediocre performance rating, he
was assigned to another involuntary detail, he was not selected for a GS-15 position in the Office
of Transportation Analysis, he learned his full performance level had changed, and his requests to
move to another cubicle were denied. Complainant’s second complaint alleged discrimination on
the bases of age, sex, race and reprisal when the Agency failed to promote him to the full
performance level of GS-15 in the career ladder of his position. The third complaint alleged
discrimination on the bases of age and reprisal when, on June 12, 2013, he received what he
considered to be a mediocre rating of “Achieved Results” rather than “Outstanding” which he
believed he earned.
Our prior appellate decision affirmed the Equal Employment Opportunity Commission
Administrative Judge’s (AJ) lengthy decision by summary judgment which found in favor of the
Agency, concluding Complainant failed to prove his discrimination claims and hostile work
environment claims.
In his request for reconsideration, Complainant expresses his disagreement with the previous
decision. He raises arguments and submits documents he has made previously made either before
the AJ or during the initial appeal. He cites to the record extensively and argues that officials
committed perjury, as he did below. 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. 0120182843 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.

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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
May 8, 2020
Date