[Redacted], Alicia F., 1 Complainant,v.John E. Whitley, Acting Secretary, Department of the Army, Agency.Download PDFEqual Employment Opportunity CommissionJun 3, 2021Appeal No. 2020004540 (E.E.O.C. Jun. 3, 2021) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Alicia F.,1 Complainant, v. John E. Whitley, Acting Secretary, Department of the Army, Agency. Request No. 2021002344 Appeal No. 2020004540 Hearing Nos. 430-2017-00147X, 430-2016-00371X & 430-2016-00507X Agency Nos. ARBRAGG16APR01221, ARBRAGG15AUG03417 & ARBRAGG16JAN00282 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Alicia F. v. Dep’t of the Army, EEOC Appeal No. 2020004540 (Mar. 8, 2021). 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). On October 29, 2015, March 11, 2016, and June 14, 2016, Complainant filed EEO complaints cumulatively alleging that the Agency discriminated against her on the bases of disability and reprisal for prior protected 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. 2021002344 2 1. on July 28, 2015, when Complainant returned to work from leave related to mental health issues, her immediate supervisor (S1) told her to collect her personal belongings and leave the building, and she later learned the Agency removed her from employment, citing abandonment of position; 2. since November 28, 2015, she has been denied unemployment benefits because she has not received termination paperwork, such as DA form 3434 (Notification of Personnel Action) or Standard Form 8 (Unemployment Compensation Notice); 3. from September 2015 to November 2015, Complainant was denied the opportunity to explain her mental health conditions and participation in the Agency’s Exceptional Family Member Program to justify her absences that resulted in her termination from employment; 4. from November 2015 to present, Agency management denied Complainant’s benefits of employment such as leave under the Family and Medical Leave Act, leave without pay, or the Employee Assistance Program, for her mental health conditions; 5. as of March 2016, the only copy of DA form 3434 Complainant received was during mediation conducted on February 25, 2016 and it did not include the day Complainant worked on July 28, 2015; and 6. since September 29, 2015, management failed to remove a Memorandum of Record containing false allegations of counseling from Complainant’s personnel record and used it to help justify her removal. An EEOC Administrative Judge (AJ) issued a decision without a hearing finding no discrimination for Agency No. ARBRAGG16APR01221, claim 6. The Agency issued its final order implementing the AJ’s decision. Regarding the remaining complaints and claims, the Agency issued its final decision finding no discrimination. Complainant appealed and the Commission’s prior decision affirmed the Agency’s decisions. In her request, Complainant provides no evidence to warrant granting her request. The Commission emphasizes that 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) (Aug. 5, 2015), at 9-18; 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. 2021002344 3 The decision in EEOC Appeal No. 2020004540 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 June 3, 2021 Date Copy with citationCopy as parenthetical citation