Chara S.,1 Complainant,v.Cheryl A. LaFleur, Acting Chairman, Federal Energy Regulatory Commission, Agency.

Equal Employment Opportunity Commission

Feb 9, 2016

0520150409 (E.E.O.C. Feb. 9, 2016)

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

Chara S.,1
Complainant,

v.

Cheryl A. LaFleur,
Acting Chairman,
Federal Energy Regulatory Commission,
Agency.

Request No. 0520150409

Appeal No. 0120150728

Agency No. EEO2012MAL003

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120150728 (April 28, 2015). 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).

Complainant filed a complaint in which she claimed that the Agency subjected her to a hostile
work environment because of her sex, disability, age, and previous EEO activity. She
identified thirty-five incidents that she alleged occurred between April and August of 2012.
The Agency initially dismissed the complaint for failure to state a claim, but was ordered by
the Commission to investigate after the Commission reversed the dismissal. In our previous
decision, we found that Complainant failed to prove that some of the incidents occurred as she
alleged, and that she had not established the necessary nexus between the incidents comprising
her claim and her protected bases. We also found that Complainant failed to prove that the

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.
0520150409

2
Agency denied her a reasonable accommodation. Ultimately, we affirmed the Agency’s final
decision finding no discrimination.

In her request for reconsideration, Complainant argues, in essence, that the Commission
ignored numerous deficiencies in the investigative record in reaching its previous decision. In
so doing, however, she reiterates the same arguments that she raised on appeal. We remind
Complainant that a request for reconsideration is not a second appeal to the Commission.
Rather, a reconsideration request presents Complainant with an opportunity to demonstrate that
the previous appellate decision involved a clearly erroneous interpretation of material fact or
law, or that the decision will have a substantial impact on the policies, practices, or operations
of the Agency. And while Complainant has made generalized, conclusory arguments to that
effect, she has not identified which elements of the previous decision are clearly erroneous or
what policies, practices or operations of the Agency would be impacted if the previous decision
were allowed to stand.

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. 0120150728 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
0520150409

3
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 signatur
Carlton M. Hadden, Director
Office of Federal Operations

February 9, 2016
Date