0520180314
07-19-2018
Leonarda S,1 Complainant, v. Wilbur L. Ross, Jr., Secretary, Department of Commerce (National Oceanic & Atmospheric Administration), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Leonarda S,1
Complainant,
v.
Wilbur L. Ross, Jr.,
Secretary,
Department of Commerce
(National Oceanic & Atmospheric Administration),
Agency.
Request No. 0520180314
Appeal No. 0120162684
Hearing No. 531-2014-00057X
Agency No. 54-2013-00038
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120162684 (February 15, 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 was a Supervisory Program Manager, ZA-034-V, within the Agency's Office of Educational Partnership Program and Student Opportunities (EPP), Office of Education (OED), National Oceanic and Atmosphere Administration in Silver Spring, Maryland. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (African American), national origin (Caribbean) and reprisal when (1) on October 1, 2012, the Agency refused to reinstate Complainant to her position as Director of EPP in the OED; (2) since October 1, 2012, the Agency has not assigned Complainant her duties or a position description or a performance plan commensurate with a Pay Band V/GS-15 employee; (3) since October 1, 2012, Complainant has been assigned a cubicle with a non-functioning telephone, an inadequate computer, and no privacy or security; (4) the OED refused to rate her performance for the period October 1, 2011 through September 30, 2012, at the "outstanding" level, with a score of 93 out of 100, which was the rating given to her by the three supervisors to whom she reported for nine months during the rating period. Instead she was given a score of 84 by the Deputy Director; and (5) Complainant was issued four Letters of Reprimand between January 29, 2013 and February 28, 2013.
Complainant requested a hearing, but subsequently withdrew her request. Our prior appellate decision affirmed the Agency's final decision that concluded that Complainant failed to prove that the Agency subjected her to discrimination or reprisal as alleged.
In her request for reconsideration, Complainant expresses her disagreement with the previous decision and presents some of the same arguments she made on appeal. 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. 0120162684 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
July 19, 2018
__________________
Date
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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