EEOC Appeal 2020001704

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Ferdinand M.,1
Complainant,
v.
Kevin K. McAleenan,
Acting Secretary,
Department of Homeland Security
(Federal Emergency Management Agency),
Agency.
Request No. 2020001704
Appeal No. 2019002542
Agency No. HSFEMAA272492016
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Ferdinand M. v. Dep’t of Homeland Sec., EEOC Appeal
No. 2019002542 (Nov. 13, 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).
In the underlying complaint, Complainant, a Reserve Project Specialist in the Agency's Public
Assistance Division, alleged that the Agency discriminated against him based on national origin
(Puerto Rican) when: (1) on August 3, 2016, Complainant was demobilized from a deployment
when his supervisor falsely accused him of smoking an illegal substance (marijuana) in his hotel
room; and (2) on January 25, 2017, Complainant received a Notice of Termination of Appointment
from the position of Reservist in the Public Assistance Division.
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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Following an investigation, Complainant requested a hearing before an EEOC Administrative
Judge (AJ). The AJ assigned to the matter granted the Agency’s motion and issued a summary
judgment decision finding no discrimination. The Agency subsequently issued a final order fully
implementing the AJ’s decision. Our appellate decision concluded that the AJ appropriately issued
summary judgment. Specifically, we concluded that Complainant failed to present evidence that
the Agency’s articulated, legitimate, non-discriminatory reason for its employment decisions was
a pretext or otherwise motivated by discriminatory animus.
In his request for reconsideration, Complainant expresses his disagreement with the previous
decision, and reiterates some of his arguments made on appeal. 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), Chap. 9 § VI.A (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. Complainant has not presented
any persuasive evidence to support reconsideration of the Commission’s decision.
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. 2019002542 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.

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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 9, 2020
Date