Coralee H.,1 Complainant,v.Jacob J. Lew, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity Commission

Mar 18, 2016

0520160101 (E.E.O.C. Mar. 18, 2016)

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

Coralee H.,1
Complainant,

v.

Jacob J. Lew,
Secretary,
Department of the Treasury,
Agency.

Request No. 0520160101
Appeal No. 0120152480
Agency No. IRS-15-1097-F

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120152480 (November 3, 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).

In her underlying complaint, Complainant claimed that she was subjected to unlawful
discrimination on the bases of her sex (female), color (black), disability (physical), and in
reprisal for her prior EEO activity under Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000e et seq., and Section 501 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. § 791 et seq. when: (1) on January 5, 2015, management rescinded
Complainant’s previously approved reasonably accommodation; and (2) between January 23,
2015, and February 24, 2015, management delayed processing Complainant’s grievance
regarding her reasonable accommodation request. In its final decision, the Agency dismissed
the complaint. The Agency dismissed claim (1) on the grounds that Complainant previously
filed a grievance on this matter. The Agency dismissed claim (2) on the grounds of failure to
state a claim reasoning that the claim was a collateral attack on the grievance process. On
appeal, the Commission found that the Agency properly dismissed the complaint.
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.

0520160101

2

In her request to reconsider, Complainant contends that the previous decision should be
reversed because she withdrew her grievance prior to filing the instant complaint. However,
as our previous decision noted, the withdrawal of a grievance does not abrogate its effect for
purposes of an election.

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. 0120152480 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
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

March 18, 2016
Date