EEOC Appeal 2020001656

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Chuck B., 1
Complainant,
v.
Chad F. Wolf,
Acting Secretary,
Department of Homeland Security
(Citizenship and Immigration Services),
Agency.
Request No. 2020001656
Appeal No. 2019005670
Agency No. HS-CIS-00865-2018
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Chuck B. v. Dep’t of Homeland Sec., EEOC Appeal No.
2019005670 (Nov. 27, 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, a Government Information Specialist at the Agency's National Records Center in
Lee's Summit, Missouri, filed an EEO complaint in which he alleged that the Agency retaliated
against him for his prior protected EEO activity when he was issued a lower rating on his Fiscal
Year 2017 Performance Plan and Appraisal than he believed was warranted, and his attempts to
change the rating were rejected.
The Agency dismissed the complaint for failure to file the formal complaint within the 15-day time
frame prescribed by the Commission’s regulations.
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.

2020001656	2
On appeal, the Commission affirmed the Agency’s dismissal. Therein, the Commission found that
although Complainant received notice of his right to file a complaint on February 28, 2018, he did
not do so until February 19, 2019, nearly a year later. As a result, the Commission found that the
Agency’s dismissal was proper.
The Commission emphasizes that a request for reconsideration is not a second appeal. 	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. He has not presented any argument or evidence tending to establish the existence of
either reconsideration criterion.
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. 2019005670 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.

2020001656	3
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