Hui E.,1 Complainant,v.Martin J. Gruenberg, Chairman, Federal Deposit Insurance Corporation, Agency.

Equal Employment Opportunity Commission

Aug 16, 2019

2019001392 (E.E.O.C. Aug. 16, 2019)

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

Hui E.,1
Complainant,

v.

Martin J. Gruenberg,
Chairman,
Federal Deposit Insurance Corporation,
Agency.

Request No. 2019001392

Appeal No. 0120182319

Hearing Nos. 450-2015-0134X & 450-2016-00257X

Agency Nos. FDICEO-14-022 & FDICEO-15-039

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120182319 (September 25, 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).

Complainant worked as a CG-06 Legal Technician at the Agency’s Regional Office in Dallas,
Texas. Complainant filed two EEO complaints alleging she was discriminated against and
subjected to harassment on the bases of race/color (Black), physical disability, and reprisal for
engaging in prior EEO activity. Her first complaint consisted of 18 claims, and the second
complaint raised three claims. The incidents raised included, but were not limited to, the manner
in which she was spoken to, denial of requests to telework and receive training; overtime; her
mid-term performance appraisal; her workers’ compensation form; restricted cell phone usage;

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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requests for medical documentation; removal of computer access and building access card
deactivation; and the issuance of a memorandum concerning her excessive absences and inability
to maintain a regular work schedule.

Our prior appellate decision affirmed the Equal Employment Opportunity Commission
Administrative Judge’s (AJ) decision by summary judgment which found in favor of the Agency,
concluding Complainant failed to prove her discrimination and hostile work environment claims.
The AJ consolidated the complaints. In her lengthy decision, the AJ addressed each claim and
found that Complainant failed to produce evidence that the Agency’s proffered legitimate
reasons for its actions were a pretext for discrimination.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and submits numerous documents. She makes arguments she has made previously. We
emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO
MD-110, Ch. 9, § VII.A. 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. 0120182319 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

August 16, 2019
Date