Lidia B.,1 Complainant,v.Richard V. Spencer, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

Jul 26, 2019

2019001561 (E.E.O.C. Jul. 26, 2019)

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

Lidia B.,1
Complainant,

v.

Richard V. Spencer,
Secretary,
Department of the Navy,
Agency.

Request No. 2019001561

Appeal No. 2019000235

Agency No. 18-39040-01716

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2019000235 (November 29, 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 filed a formal complaint alleging the Agency subjected her to discrimination based
on disability. The Agency issued a final decision, noting Complainant’s complaint was comprised
of the following claims:

a. Was Complainant discriminated against based on disability when the following
events occurred:

1. On March 16, 2018, an Access Review Board (ARB) was held by the
Director of Security, Portsmouth Naval Shipyard.

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.
2019001561

2

2. On March 19, 2018, [Complainant] received a Letter of Decision on
Suspending Access to Classified Information signed by [the Director of
Security].

3. On March 20, 2018, [Complainant] received a letter of Notice of Proposed
Indefinite Suspension.

4. On May 4, 2018, [Complainant] received a letter of Notice of Decision to
Indefinitely Suspend [Her] from Government Service.

The Agency dismissed the formal complaint for failure to state a claim. In our previous decision,
the Commission affirmed the Agency’s dismissal for failure to state a claim. We noted that the
record revealed that the indefinite suspension was “due to suspension from access to classified
information and suspension of assignment to sensitive duties.” We noted Complainant did not
challenge that retaining a security clearance was a condition of her employment, or that others who
had indefinitely lost their clearances were permitted to continue working in their positions.

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. 2019000235 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
2019001561

3
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 26, 2019
Date