U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Clemente M,1 Complainant, v. Robert M. Speer, Acting Secretary, Department of the Army, Agency. Request No. 0520170273 Appeal No. 0720140015 Hearing Nos. 560-2012-00226X & 560-2012-00327X Agency Nos. ARRILEY11DEC05208 & ARRILEY12MAR01406 DECISION ON REQUEST FOR RECONSIDERATION Both complainant and the Agency timely requested reconsideration of the decision in EEOC Appeal No. 0720140015 (March 16, 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). Complainant worked as an Information Systems Specialist at the Agency's Fort Belvoir Community Hospital in Fort Belvoir, Virginia. Complainant filed an EEO complaint alleging that he was subjected to harassment based on his race (African American), sex (male), and reprisal when (1) on December 2, 2011, DCA and/or SO notified Complainant's current employer of the verdict on criminal charges against him, which found him guilty of three misdemeanors; (2) on August 1, 2011, DCA contacted a personal friend, LC, in order to block Complainant's employment under false pretenses; and in a second complaint, that (3) on March 13, 2012, PSS informed Complainant that he was required to resubmit a Personal Security Investigation, commonly known as an SF86, for an ANACI investigation.. Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge's decision by summary judgment which found in favor of the Agency with respect to claims 1 and 3, concluding Complainant failed to prove his discrimination claims. However, the AJ found that Complainant was subject to reprisal regarding claim 2 and awarded him $2,000 in compensatory damages. In his request for reconsideration, Complainant expresses his disagreement with the previous decision and reiterates arguments he has previously made. He appears to argue that the action caused his post-traumatic stress disorder to regress. To the extent he is arguing that he is entitled to additional compensatory damages, he has not submitted any documentation with his request to support his argument. In its response to Complainant's request for reconsideration, the Agency continues to argue that the finding of reprisal discrimination with respect to claim 2 is wrong. It makes the same arguments thatit made 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 requests fail to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the Commission to deny the requests. The decision in EEOC Appeal No. 0720140015 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. The Agency shall comply with the Order as set forth below. ORDER To the extent that it has not already done so, the Agency shall undertake the following actions: 1, Within sixty (60) calendar days from the date of this decision, the Agency shall pay Complainant compensatory damages in the amount of $2,000. 2. Within ninety (90) calendar days from the date of this decision, the Agency shall provide mandatory EEO training, with specific emphasis on reprisal, to the responsible management officials. 3. Within sixty (60) calendar days of the date of this decision, the Agency shall post notices in accordance with the paragraph below. The Agency is further directed to submit a report of compliance, as provided in the statement entitled "Implementation of the Commission's Decision." The report shall include supporting documentation verifying that corrective action has been implemented. POSTING ORDER (G0617) The Agency is ordered to post at its Fort Belvoir Community Hospital and Irwin Army Community Hospital facilites copies of the attached notice. Copies of the notice, after being signed by the Agency's duly authorized representative, shall be posted both in hard copy and electronic format by the Agency within 30 calendar days of the date this decision was issued, and shall remain posted for 60 consecutive days, in conspicuous places, including all places where notices to employees are customarily posted. The Agency shall take reasonable steps to ensure that said notices are not altered, defaced, or covered by any other material. The original signed notice is to be submitted to the Compliance Officer as directed in the paragraph entitled "Implementation of the Commission's Decision," within 10 calendar days of the expiration of the posting period. The report must be in digital format, and must be submitted via the Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). ATTORNEY'S FEES (H1016) If Complainant has been represented by an attorney (as defined by 29 C.F.R. § 1614.501(e)(1)(iii)), he is entitled to an award of reasonable attorney's fees incurred in the processing of the complaint. 29 C.F.R. § 1614.501(e). The award of attorney's fees shall be paid by the Agency. The attorney shall submit a verified statement of fees to the Agency -- not to the Equal Employment Opportunity Commission, Office of Federal Operations -- within thirty (30) calendar days of the date this decision was issued. The Agency shall then process the claim for attorney's fees in accordance with 29 C.F.R. § 1614.501. IMPLEMENTATION OF THE COMMISSION'S DECISION (K0617) Compliance with the Commission's corrective action is mandatory. The Agency shall submit its compliance report within thirty (30) calendar days of the completion of all ordered corrective action. The report shall be in the digital format required by the Commission, and submitted via the Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). The Agency's report must contain supporting documentation, and the Agency must send a copy of all submissions to the Complainant. If the Agency does not comply with the Commission's order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. § 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission's order prior to or following an administrative petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled "Right to File a Civil Action." 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. § 1614.409. 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 June 27, 2017 __________________ Date 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. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 2 0520170273 4 0520170273