[Redacted], Afton C., 1 Complainant,v.Janet L. Yellen, Secretary, Department of the Treasury (Internal Revenue Service), Agency.

Equal Employment Opportunity Commission

Jan 4, 2023

Appeal No. 2021000704 (E.E.O.C. Jan. 4, 2023)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Afton C.,1 Complainant, v. Janet L. Yellen, Secretary, Department of the Treasury (Internal Revenue Service), Agency. Request No. 2022004557 Appeal No. 2021000704 Hearing No. 490-2016-00101X Agency No. IRS-15-1543-F DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2021000704 (August 5, 2022). 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). During the period at issue, Complainant worked as a seasonal Clerk, GS-0303-4, at the Agency’s Wage & Investment Service Centers, Memphis Accounts Management in Memphis, Tennessee. On October 6, 2015, Complainant filed a formal complaint alleging that the Agency subjected her to disparate treatment and a hostile work environment in reprisal for protected activity (prior EEO activity) when: 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. 2022004557 2 1. On May 4, 2015, Complainant received a leave usage memorandum dated May 1, 2015; 2. On July 14, 2015, Complainant received a memorandum entitled “Informal Discussion,” stating that Complainant refused to accept faxes for processing and communicate in a professional manner; 3. On August 4, 2015, the Agency issued a memorandum entitled “Tardiness (July 2015);” 4. The Supervisory Clerk sat openly in the unit daily to intimidate Complainant; 5. On an unspecified date, which was later determined to be March 8, 2015, Complainant and the Supervisor Clerk fought over Complainant’s work; and 6. On or about April 6, 2016, the Supervisory Tax Examiner questioned Complainant about not working and eating at her desk and then issued Complainant a memorandum regarding workplace disruption. Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). The assigned AJ conducted a hearing via video-teleconference August 12 and 13, 2020. Following the hearing, the AJ issued a decision finding that Complainant failed to establish that she was subjected to unlawful retaliation as alleged. The Agency then issued a final order implement the AJ’s decision. Complainant appealed. In EEOC Appeal No. 2021000704, the Commission affirmed the Agency’s final order which implement the AJ’s decision finding no unlawful retaliation. Complainant filed a request for reconsideration in which she re-argued that she was subjected to unlawful retaliation. In addition, she provided two unsigned declarations allegedly from two coworkers. However, we find that nothing that Complainant has submitted supports a determination that the prior decision affirming the Agency final order was in error. A request for reconsideration is not a second appeal to the Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 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. 2021000704 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2022004557 3 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 January 04, 2023 Date