Becky N.,1 Complainant,v.Eric K. Fanning, Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Jun 23, 2016

0520160249 (E.E.O.C. Jun. 23, 2016)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Becky N.,1
Complainant,

v.

Eric K. Fanning,
Secretary,
Department of the Army,
Agency.

Request No. 0520160249

Appeal No. 0120160754

Agency No. ARFTLEAV15AUG02855

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120160754
(March 1, 2016). 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).

In her underlying complaint, Complainant alleged the Agency subjected her to harassment
resulting in a hostile work environment and discrimination on the bases of race (Asian) and sex
(female) when:

1. On July 29, 2015, she learned that the Director of the Army Management Staff College
(AMSC) Intermediate Course, had paired her to teach the course with a coworker
(“CW”) she previously had conflicts with throughout March and June 2014;

2. In April 2015, CW, apologized to the staff, individually, including Complainant, for
speaking in an Asian accent while vacuuming in the office cubicles;

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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3. In April 2015, Complainant’s Senior Enterprise Talent Management (“STEM”)
enrollment packet was delayed by six weeks, while CW’s enrollment packet into
another program was processed without incident. Complainant and CW were the only
instructors to submit advanced training packets for approval;

4. In November 2014, Complainant was not selected as an interim Intermediate Course
(IC) Director in favor of a less experienced coworker.

5. On unknown dates, Complainant’s requests for CP32 funds were denied.

In our previous decision, the Commission affirmed the Agency’s dismissal of claim (1) as
moot. In finding claim (1) moot, the Commission found the Agency sufficiently demonstrated,
and the record supported, that there is no reasonable expectation that the alleged scheduling
violation will recur. The Commission also noted that Complainant did not request
compensatory damages in her formal complaint. In addition, the Commission also affirmed
the Agency’s dismissal of claims (2), (3), (4), and (5) for untimely EEO Counselor contact.

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. 0120160754 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. Such requests do not alter the
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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 23, 2016
Date