EEOC Appeal 2020001729

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Merle S.,1
Complainant,
v.
William P. Barr,
Attorney General,
Department of Justice
(Bureau of Alcohol, Tobacco, Firearms & Explosives),
Agency.
Request No. 2020001729
Appeal No. 2019002720
Agency No. ATF-2018-00339
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2019002720 (November 21, 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 an Intelligence Research Specialist, GS-0132-13, at the Field Division in
Tampa, Florida. Complainant filed an EEO complaint alleging he was discriminated against on
the bases of age and reprisal 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.

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1. 	In 	September 	2017 	and 	again 	in 	January 	2018, 	Agency 	management 	instructed
Complainant to attend the IRS training course from January 22 through February 16, 2018,
despite his impending retirement on January 31, 2018; and
2. 	In January 2018, Agency management denied Complainant’s sick leave request and placed
him in AWOL status for January 22, 2018.
Our prior appellate decision affirmed the Agency’s final decision that concluded that Complainant
failed to prove that the Agency subjected him to discrimination as alleged.
In his request for reconsideration, Complainant expresses his disagreement with the previous
decision, and reiterates arguments he made concerning claim 2 on appeal. 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. 2019002720 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
June 30, 2020
Date