EEOC Appeal 2020001707

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Geoffrey P., 1
Complainant,
v.
Andrew M. Saul,
Commissioner,
Social Security Administration,
Agency.
Request No. 2020001707
Appeal No. 2019001898
Agency No. ATL-18-0541-SSA
DECISION ON REQUEST FOR RECONSIDERATION
Complainant 	requested 	that 	the 	Equal 	Employment 	Opportunity 	Commission 	(EEOC 	or
Commission) reconsider its decision in EEOC Appeal No. 2019001898 (November 8, 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 unlawful
discrimination based on national origin (Hispanic/Latino) and in reprisal for prior EEO activity
when: on May 18, 2018, he was issued a proposal to remove him from federal service, and
management investigated his conduct, proposed suspending him, and then issued a proposal to
remove him from federal service after rescinding the proposed suspension. 	Following an
investigation, the Agency issued a final decision finding no discrimination. On appeal, the
Commission affirmed the Agency’s decision, finding that the Agency articulated legitimate,
nondiscriminatory reasons for its actions that Complainant failed to prove were pretextual.
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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Namely that Complainant engaged in insubordinate, dangerous behavior that caused concern for
the safety of Agency employees and warranted immediate corrective action to protect the safety
of government employees and customers.
In his request for reconsideration, Complainant claims the disparate treatment caselaw cited in
our prior decision was incorrect and challenges the number of witnesses who attested to the
incident. After a review of the caselaw cited and Complainant’s arguments, we find our prior
decision cited the applicable caselaw in support of our determination on his discrimination
complaint. The Commission emphasizes 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), at 9-18 (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request
No. 0520070736 (Aug. 20, 2007). 	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.
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(c), and it is the decision of the
Commission to deny the request. 	The decision in EEOC Appeal No. 2019001898 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
September 2, 2020
Date