Coleen M.,1 Complainant,v.Carolyn W. Colvin, Acting Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Feb 11, 2016

0520160017 (E.E.O.C. Feb. 11, 2016)

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

Coleen M.,1
Complainant,

v.

Carolyn W. Colvin,
Acting Commissioner,
Social Security Administration,
Agency.

Request No. 0520160017

Appeal No. 0120151369

Agency No. ATL-14-0784-SSA

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120151369 (Sept. 1, 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).

On September 15, 2014, Complainant filed a formal complaint alleging that the Agency
subjected her to discrimination on the bases of race (Black), disability, and in reprisal for prior
protected EEO activity when on July 26, 2014, at a social gathering with current and former
employees at the home of one of her co-workers, a retired management official informed
Complainant that he knew that Complainant was not selected for promotion, dating back to
2011, due to reprisal for her prior EEO activity. Additionally, Complainant contended that a
former supervisor harassed her by not granting her official lime to work on her EEO
complaints.

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.
0520160017

2
The Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to
state a claim. Complainant appealed and, in Complainant v. Soc. Sec. Admin., EEOC Appeal
No. 0120151369 (Sept. 1, 2015), the Commission affirmed the Agency’s dismissal. In so
finding, the Commission noted that Complainant failed to identify any particular promotional
opportunity for which she was not selected that she claimed resulted from the alleged
discriminatory and retaliatory animus. Similarly, the Commission found that Complainant
provided no detail whatsoever about when and how she was allegedly harassed. Furthermore,
the Commission determined it was unlikely that Complainant’s allegations were timely raised
with an EEO counselor.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and reiterates numerous arguments previously raised on appeal. In addition,
Complainant raises additional claims of discrimination. To the extent that Complainant is
attempting to raise new claims for the first time, the Commission reminds Complainant that she
cannot raise new claims of discrimination in her request for reconsideration, and she must raise
new claims of discrimination with an EEO counselor within 45 days from when she knew or
should have known of the alleged discrimination. 29 C.F.R. § 1614.105(a)(1). Furthermore,
the Commission emphasizes that 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) (Aug. 5, 2015), at 9-18; 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.

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. 0120151369 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.

0520160017

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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

February 11, 2016
Date