EEOC Appeal 2020001730

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Mitchell H., 1
Complainant,
v.
Emily W. Murphy,
Administrator,
General Services Administration,
Agency.
Request No. 2020001730
Appeal No. 0120182233
Hearing No. 570-2016-00444X
Agency No. GSA-14-NCR-WP-0126
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120182233 (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).
Complainant worked as a Senior Lease Contract Specialist in the Public Buildings Service, Office
of Leasing, Lease Executions Division in Washington, D.C. Complainant filed an EEO complaint
alleging he was discriminated against and subjected to a hostile work environment on the bases of
race (Caucasian), sex (male), age, disability, and reprisal. 	The Agency initially dismissed the
complaint for failure to state a claim, but in Appeal No. 0120151346 (July 9, 2015), we found
Complainant provided sufficient information to define his claim and remanded the matter for
further processing.
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 complaint was investigated and Complainant requested a hearing. Thereafter the EEOC
Administrative Judge (AJ) defined the complaint as including, but not limited to, the hostility of
co-workers, having his assignments transferred to others, being asked about his age, receiving a
Level 2 performance rating, receiving Performance Improvement Notices, in December 2013 he
was not issued a performance rating, 	an Inspector General complaint was filed against him, he
was issued a Letter of Suspension; and he was issued a Notice of Proposed Removal. 	The AJ
granted the Agency’s motion for summary judgement. Our prior decision affirmed the Agency’s
final order which accepted the AJ’s findings.
In his request for reconsideration, Complainant expresses his disagreement with the previous
decision and submits documents that were already part of the record. 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. 0120182233 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