Eryn O.,1 Complainant,v.Kirstjen M. Nielsen, Secretary, Department of Homeland Security (Transportation Security Administration), Agency.

Equal Employment Opportunity Commission

Apr 27, 2018

0520180210 (E.E.O.C. Apr. 27, 2018)

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

Eryn O.,1
Complainant,

v.

Kirstjen M. Nielsen,
Secretary,
Department of Homeland Security
(Transportation Security Administration),
Agency.

Request No. 0520180210

Appeal No. 0120152233

Agency No. HS-TSA-01718-2013

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120152233 (December 19, 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 that the Agency subjected her to unlawful race,
sex, color, disability, age, and reprisal discrimination when: (1) on June 26, 2013, management
directed her to undergo an independent medical examination to determine her fitness-for-duty or
face disciplinary action or removal; (2) on August 24, 2013, management issued her a notice of
proposed removal; (3) on September 13, 2013, her employment was terminated; and (4) on or
about October 1, 2013, she learned that her SF-52 contained personal medical information. In its
final decision, the Agency found no discrimination. On appeal, the Commission affirmed the
Agency’s decision. Specifically, we found that Complainant failed to show that the Agency
violated the Rehabilitation Act when it required her to undergo a fitness-for-duty examination. We

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.
0520180210

2
also found that Complainant was not entitled to a reasonable accommodation as she was not a
qualified individual with a disability, and that the Agency articulated legitimate, nondiscriminatory
reasons for her termination that she failed to show were pretextual. Finally, we determined that the
Agency did not disclose confidential medical information.

In her request for reconsideration, Complainant largely reiterates arguments 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. 0120152233 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

April 27, 2018
Date