Ellan C.,1 Complainant,v.Tom J. Vilsack, Secretary, Department of Agriculture (Farm Service Agency), Agency.

Equal Employment Opportunity Commission

Feb 4, 2016

0520160006 (E.E.O.C. Feb. 4, 2016)

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

Ellan C.,1
Complainant,

v.

Tom J. Vilsack,
Secretary,
Department of Agriculture
(Farm Service Agency),
Agency.

Request No. 0520160006

Appeal No. 0120151030

Hearing No. 510-2014-00198X

Agency No. 980361

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120151030 (July 15, 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 March 5, 2013, Complainant contacted an EEO counselor alleging discrimination and
harassment on the basis of sex (female) when: she was harassed on January 29, 2013; she was
sexually harassed on January 29, 2013; and on October 1, 2012, the District Director failed to
complete her 2012 performance appraisal. On April 17, 2013, the EEO Counselor conducted
a final interview over the telephone, and mailed Complainant the notice of right to file a formal
complaint. A certified mail return receipt confirmed that Complainant received the notice on
April 23, 2013. Complainant never filed a formal complaint, but submitted a request for a
hearing on the matter. The Equal Employment Opportunity Commission Administrative Judge

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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(AJ) assigned to the matter subsequently issued an order dismissing the complaint pursuant to
29 C.F.R. § 1614.107(a)(2) due to Complainant’s failure to timely file a formal complaint.
The Agency issued a final order fully adopting the AJ’s dismissal.

Complainant appealed the dismissal and, in Complainant v. Dep’t of Agric., EEOC Appeal
No. 0120151030 (Jul. 15, 2015), the Commission affirmed the Agency’s final decision
dismissing the complaint finding that Complainant failed to file a formal complaint and failed
to provide adequate justification for extending the filing period.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and reiterates numerous arguments she previously raised in her appeal. 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. 0120151030 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
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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 4, 2016
Date