Billie L.,1 Complainant,v.R. Alexander Acosta, Secretary, Department of Labor, Agency.

Equal Employment Opportunity Commission

Jul 30, 2019

2019002215 (E.E.O.C. Jul. 30, 2019)

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

Billie L.,1
Complainant,

v.

R. Alexander Acosta,
Secretary,
Department of Labor,
Agency.

Request No. 2019002215

Appeal No. 0120172165

Agency Nos. DOL-CRC-14-04-117;
DOL-ARB-15-04-123

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120172165 (October 3, 2018).
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).

During the relevant time, Complainant was a Farm Labor Program Specialist at the Agency’s
Wage Hour Division, in the Farm Labor Office in Atlanta, Georgia. Believing that she was
subjected to a hostile work environment based on race (African-American), national origin
(African-American), sex (female), religion (Christianity), disability, and age, Complainant filed a
formal complaint on September 23, 2014. Some of the supporting incidents included the
following matters: being accused of falsifying her sign-in time; having work stolen from her
desk; receiving more assignments than a co-worker; being reprimanded for asking for a report of
her outgoing work; and being sexually harassed by her acting supervisor.

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.
2019002215

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Following the investigation of the formal complaint, on January 29, 2015, Complainant filed a
second complaint alleging she was denied a reasonable accommodation when she was forced to
accept a reassignment to a full-time position, in violation of her medical restrictions.

On February 2, 2016, Complainant filed a civil action in the U.S. District Court for the Northern
District of Georgia, Atlanta Division (Civil Action No. 1:16-CV-0036-CC-JCF). The matter
alleged violations of Title VII, the ADEA, and the American with Disabilities/Rehabilitation
Act.

The EEOC Administrative Judge (AJ) assigned to the subject complaints consolidated the two
into one matter. In late March 2017, the AJ issued a decision dismissing the complaints on the
ground that they alleged the same claims that were pending in federal court. Complainant
appealed the dismissal to the Commission.

In our prior decision, the Commission found that the EEO complaints raised the same claims set
forth in her federal complaint. See Complainant v. Dep’t of Labor, EEOC Appeal No.
0120172165 (October 3, 2018), and that the AJ’s dismissal was proper. See id.

Complainant filed the instant request for reconsideration. Aside from seeking an extension, she
does not present any contentions or arguments.

A “request for reconsideration is not a second appeal to the Commission.” Equal Employment
Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (rev. Aug. 5, 2015),
at 9-18; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20,
2007).

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. 0120172165 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.

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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 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

July 30, 2019
Date