Elene K.,1 Complainant,v.Elaine L. Chao, Secretary, Department of Transportation (Federal Aviation Administration), Agency.

Equal Employment Opportunity Commission

Jun 5, 2018

0520180264 (E.E.O.C. Jun. 5, 2018)

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

Elene K.,1
Complainant,

v.

Elaine L. Chao,
Secretary,
Department of Transportation
(Federal Aviation Administration),
Agency.

Request No. 0520180264

Appeal No. 0120162196

Hearing No. 570-2015-00637X

Agency No. 2014-25644-FAA-02

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120162196 (January 12, 2018).
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 that the Agency subjected her to unlawful sex,
disability, and reprisal harassment when: (a) effective January 12, 2014, management eliminated
Complainant’s use of an alternative work schedule; (b) during a meeting on January 15, 2014, an
administrative officer asked her if she “actually had a serious medical illness”; (c) from January
28 to March 24, 2014, management denied her the accommodation of telework and required her
to provide additional medical documentation; (d) on January 31, 2014, management issued her a

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.
0520180264

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letter threatening her with absence without official leave and requiring a second Family and
Medical Leave Act form from her doctor; (e) in 2014, management requested additional medical
documentation, resulting in her providing eight medical documentation records by April 2014;
(f) management repeatedly denied her request to work four days per week/ten hours per day as
an accommodation, which would have minimized her need to use leave; (g) in March 2014,
management required her to submit additional medical request forms and requires her to sign a
special consent form to allow release of her medical records directly to her immediate
supervisor; (h) on April 18, 2014, management denied her request to telework; and (i) in August
2014, management requested her to change from primary lead to alternate lead on a special
project and cancelled her 2015 training classes related to the project.

Following an investigation, Complainant requested a hearing before an Equal Employment
Opportunity Commission Administrative Judge (AJ). Complainant also filed a motion to amend
her complaint to include the additional claims that: (j) management changed her job project
status from “primary” to “alternate”; and (k) in June 2015, management failed to select her for an
ASI-Cabin Safety position. The AJ assigned to the case initially denied Complainant’s motion to
amend her complaint, finding that claim (j) was a restatement of claim (i); and that claim (k) was
untimely. The AJ also dismissed the hearing request, pursuant to 29 C.F.R. § 1614.107(a)(4) &
.301(a), finding that Complainant elected to raise the claims through the Agency’s negotiated
grievance process. The Agency’s final decision fully implemented the AJ’s dismissal. On appeal,
the Commission affirmed the Agency’s final decision. Specifically, we found that the Agency
properly dismissed the complaint because the claims were previously adjudicated through the
negotiated grievance process, and that claims (j) and (k) were properly dismissed, pursuant to 29
C.F.R. § 1614.107(a)(1) & (a)(2).

In her request for reconsideration, Complainant largely reiterates claims made, and fully
considered on appeal. Accordingly, 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.
0120162196 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.

0520180264

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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

June 5, 2018
Date