EEOC Appeal 2020001915

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Erwin B., 1
Complainant,
v.
Michael R. Pompeo,
Secretary,
Department of State,
Agency.
Request No. 2020001915
Appeal No. 2019000045
Agency No. DOS-0399-17
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2019000045 (November 26, 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 was a Student Trainee (Passport) Specialist, GS-04, at the Agency’s Consular Affairs
National Passport Center (NPC) in Portsmouth, New Hampshire. 	Complainant filed an EEO
complaint alleging he was subjected to discrimination and a hostile work environment 	on the
bases of race/national origin (Arab, Afghani, or Middle-Eastern) and reprisal when: (1) on August
29, 2017, his request to change his Pathways agreement was denied; (2) on October 4, 2017, his
Pathways internship was terminated; and (3) as recently as October 4, 2017, he was subjected to a
hostile work environment, characterized by, but not limited to, heightened security.
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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Our prior appellate decision affirmed the Agency’s final decision that concluded that Complainant
failed to prove that the Agency subjected him to discrimination or a hostile work environment as
alleged.
In his request for reconsideration, Complainant expresses his disagreement with the previous
decision and sends in a copy of an internal investigation. 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. 	Or a
hostile work environment
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. 2019000045 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 3, 2020
Date