Meaghan F.,1 Complainant,v.Sonny Perdue, Secretary, Department of Agriculture (Forest Service), Agency.

Equal Employment Opportunity Commission

Oct 4, 2018

0520180426 (E.E.O.C. Oct. 4, 2018)

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

Meaghan F.,1
Complainant,

v.

Sonny Perdue,
Secretary,
Department of Agriculture
(Forest Service),
Agency.

Request No. 0520180426

Appeal No. 0120181128

Agency No. FS201800122

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120181128 (May 3, 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).

In her underlying complaint, Complainant alleged that the Agency subjected her to discrimination
based on reprisal when on August 24, 2017, a Civil Rights Director for the Agency contacted
Complainant’s subordinates by email to request their assistance in locating Complainant. The
message stated, “I’m hoping you can help me, I’m trying to locate [Complainant].

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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At last I spoke with her she indicated she was going out on a fire assignment. If you see her please
ask her to give me a call.” On January 11, 2018, the Agency dismissed the complaint for failure to
state a claim and untimely EEO counselor contact, pursuant to 29 C.F.R. § 1614.107(a)(1) and
(a)(2). On appeal, the Commission affirmed the Agency. In affirming the Agency, the
Commission determined that the email in question would not be reasonably likely to deter a person
from engaging in protected activity.

In her request for reconsideration, Complainant contends that the Commission materially erred in
characterizing the sender of the August 24, 2017 email as her first level supervisor. She asserts
that the contents of the email clearly identified the sender as the “Region 3 Civil Rights Director.”
Complainant alleges that the email caused a direct impact on her new work environment because
her subordinates became aware of her prior EEO activities.

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. We agree with the Agency that any error by the Commission in
mischaracterizing the sender of the August 24, 2017 email is immaterial to the claim and
constitutes harmless error. The decision in EEOC Appeal No. 0120181128 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.

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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

October 4, 2018
Date