Oda H.,1 Complainant,v.Loretta E. Lynch, Attorney General, Department of Justice (Drug Enforcement Administration), Agency.

Equal Employment Opportunity Commission

Jan 15, 2016

0520150503 (E.E.O.C. Jan. 15, 2016)

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

Oda H.,1
Complainant,

v.

Loretta E. Lynch,
Attorney General,
Department of Justice
(Drug Enforcement Administration),
Agency.

Request No. 0520150503

Appeal No. 0120131202

Hearing Nos. 570-2008-00771X, 570-2010-0023IX

Agency Nos. DEA-2008-00076, DEA-2009-00462

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120131202 (July 2, 2015). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to reconsider any previous Commission decision 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).
For the following reasons, the Commission DENIES Complainant’s request for
reconsideration.

Previously, the Commission affirmed the Agency’s Final Order, fully implementing the
Decision of the Equal Employment Opportunity Commission Administrative Judge (AJ). The
AJ found that Complainant was not subjected to race or reprisal discrimination when she was
denied a promotion and subjected to various incidents of harassment including unfairly low
evaluations of her performance, relocation of her office, and assignment of her duties. The AJ

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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found that the Agency set forth legitimate, nondiscriminatory reasons for its actions that
Complainant failed to show were a pretext to mask race or reprisal discrimination. In her
request, we find that Complainant raises the same arguments regarding another employee to
whom she compares herself, and presents the same documentary evidence available to the
parties as she did in her initial appeal.

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. 0120131202 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
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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, Director
Office of Federal Operations

January 15, 2016
Date