Celeste P.,1 Complainant,v.Janet L. Yellen, Chair, Federal Reserve System, Agency.

Equal Employment Opportunity Commission

Jan 17, 2018

0520180002 (E.E.O.C. Jan. 17, 2018)

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

Celeste P.,1
Complainant,

v.

Janet L. Yellen,
Chair,
Federal Reserve System,
Agency.

Request No. 0520180002

Appeal No. 0120151540

Hearing No. 570-2013-00195X

Agency No. FRBEEO1202002

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120151540 (August 15, 2017).
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 her underlying complaint, Complainant alleged she was subjected to discrimination on the
bases of race (Native American/Indian), national origin (Native American/Italian), sex (female),
religion (Catholic/Jewish), color (Melanin/Caucasian), disability, age (over 40), and in reprisal
for prior protected EEO activity (no decision maker reviews her credentials to hire her and gross
loss of income) when:

1. Between November 2011 to present, she was not selected for twenty-six positions.

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.
0520180002

2
2. On February 16, 2012, she was subjected to retaliation for no reason for non-
selections and not receiving job interviews; and
3. On March 4, 2013, she was subjected to retaliation for no reason for non-selections
and not receiving job interviews.

At the conclusion of the investigation, the Agency provided Complainant with a copy of the
report of investigation and notice of her right to request a hearing before an Equal Employment
Opportunity Commission Administrative Judge (AJ). The AJ issued a decision without a hearing
finding no discrimination. The Agency issued a final action fully implementing the AJ’s
decision. Complainant appealed the Agency’s final action to the Commission. In EEOC Appeal
No. 0120151540 (August 15, 2017), the Commission affirmed the Agency’s final action.

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. 0120151540 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.

0520180002

3
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

January 17, 2018
Date