Hester S.,1 Complainant,v.James N. Mattis, Secretary, Department of Defense (Department of Defense Education Activity), Agency.

Equal Employment Opportunity Commission

Jul 10, 2018

0520180319 (E.E.O.C. Jul. 10, 2018)

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

Hester S.,1
Complainant,

v.

James N. Mattis,
Secretary,
Department of Defense
(Department of Defense Education Activity),
Agency.

Request No. 0520180319

Appeal No. 0120180625

Agency No. PE-FY17-061

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120180625 (February 28, 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).

During the relevant time, Complainant worked as a Teacher, TP-1701-CE, at the Agency’s Zama
Middle School in Japan District, DoDEA Pacific. On July 5, 2017, Complainant filed her
complaint alleging discrimination in reprisal for prior EEO activity when:

(1) On or about October 2015, former Financial Specialist, DoDEA Pacific, Human
Resources Division coded her time incorrectly which caused her to receive five
overpayments between October 2015 and June 2016.

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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(2) On April 11, 2016, the New Jersey Department of Labor and Workforce Development
Unemployment and Disability Insurance Services denied her application for
unemployment benefits based on information submitted by Administrative Program
Specialist, DoDEA-Headquarters, Human Resources Division.

(3) On March 31, 2016, she learned former Financial Specialist did not place her Thrift
Savings Plan loan on hold on January 4, 2016.

On November 28, 2017, the Agency issued its final decision dismissing the complaint for failure
to state a claim and/or due to untimely EEO Counselor contact pursuant to 29 C.F.R.
§§ 1614.107(a)(1) and/or (2), respectively. Complainant appealed the Agency’s final decision.
The Commission affirmed the Agency’s final decision dismissing the complaint. In her request,
Complainant reiterates arguments she previously made.

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. 0120180625 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
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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

July 10, 2018
Date