Doretta F.,1 Complainant,v.Steven T. Mnuchin, Secretary, Department of the Treasury (Internal Revenue Service), Agency.

Equal Employment Opportunity Commission

Feb 23, 2018

0520170611 (E.E.O.C. Feb. 23, 2018)

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

Doretta F.,1
Complainant,

v.

Steven T. Mnuchin,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.

Request No. 0520170611

Appeal No. 0120170520

Hearing No. 550-2014-00203X

Agency No. IRS-13-0488-F

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120170520 (August 10, 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 the underlying complaint, Complainant alleged that the Agency subjected her to
discrimination based on her national origin (Ukranian) when: (1) on April 13, 2013, she was
notified that she was the subject of a Treasury Inspector General for Tax Administration
(TIGTA) investigation; (2) on or about April 15, 2013, she was placed on Administrative
Leave/Restricted Duty; (3) on July 29, 2013, she received a List of Expectations memorandum;

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.
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(4) on August 5, 2013, she was charged with Leave Without Pay (LWOP); (5) on August 16,
2013, she was notified of her Law Enforcement Availability Pay (LEAP) hours issues in her
records; (6) during 2009, 2010, 2011 and on October 1, 2012, Complainant has not been selected
for a position as a Criminal Investigator, GS-1811-13; (7) during 2011, her manager would not
allow her to work a flexible schedule; (8) on May 8, 2012, she was charged eight hours of annual
leave when she had been approved for four hours of annual leave and four hours to work flexi-
place; and (9) on August 20, 2012, she was placed on LWOP when she was actually in the
office.

Following a hearing, an EEOC Administrative Judge (AJ) found that the Agency had articulated
legitimate, nondiscriminatory reasons for its actions which Complainant had not shown to be
pretext for discrimination based on her protected classes. In her reconsideration request,
Complainant raises facts not relevant to her EEO claims but to an unrelated criminal
investigation. Complainant also argues that the AJ erred in finding that she lacked credibility,
but failed to point to any evidence in the record to support her argument.

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), at 9-18 (Aug. 5, 2015); 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. 0120170520 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.

0520170611

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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 23, 2018
Date