Dolores J.,1 Complainant,v.Richard V. Spencer, Secretary, Department of the Navy, Agency.Download PDFEqual Employment Opportunity CommissionMar 15, 20180520180114 (E.E.O.C. Mar. 15, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Dolores J.,1 Complainant, v. Richard V. Spencer, Secretary, Department of the Navy, Agency. Request No. 0520180114 Appeal No. 0120160296 Hearing No. 551-2012-00027X Agency No. 096920701805 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120160296 (August 17, 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 the Agency subjected her to discrimination on the bases of national origin (Samoan) and in reprisal for prior protected EEO activity when: 1. On January 9, 2009, she received a Level 2 performance rating under the National Security Personnel System; 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. 0520180114 2 2. On January 15, 2009 and February 18, 2009, she was denied the opportunity to work overtime; 3. On March 23, 2009, her duties were changed from reviewing and rating applications as a Human Resources Specialist, and she was assigned general administrative duties; and 4. She was forced to retire effective August 31, 2009.2 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). Complainant requested a hearing. The AJ issued a decision without a hearing finding no discrimination. The Agency issued a final order fully implementing the AJ’s decision. Complainant appealed the Agency’s final order to the Commission. In EEOC Appeal No. 0120160296 (August 17, 2017), the Commission affirmed the Agency’s final order. 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. 0120160296 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. 2 In November 2010, Complainant filed an appeal with the Merit Systems Protection Board (MSPB) alleging that she was discriminated against based on her national origin and reprisal for EEO activity when she was forced to retire. Reasoning that Complainant did not show her retirement was involuntary, the MSPB dismissed the appeal for lack of jurisdiction. Appellant v. Department of the Navy, 20W11L 4604386 (Mar. 15, 2011), denial of petition for review, 2011 WL 12504591 (Oct. 21, 2011). 0520180114 3 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 15, 2018 Date Copy with citationCopy as parenthetical citation