[Redacted], Anisa U., 1 Complainant,v.Dave Uejio, Acting Director, Consumer Financial Protection Bureau, Agency.

Equal Employment Opportunity Commission

May 24, 2021

Appeal No. 2020000160 (E.E.O.C. May. 24, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Anisa U.,1 Complainant, v. Dave Uejio, Acting Director, Consumer Financial Protection Bureau, Agency. Request No. 2021002046 Appeal No. 2020000160 Agency No. CFPB-0033-2018 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020000160 (January 22, 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). Complainant was employed by the Agency as an Examiner in the Division of Supervision, Enforcement and Fair Lending in Washington, D.C. Complainant filed an EEO complaint, which she amended, alleging she was discriminated against and subjected to a hostile work environment on the bases of race (African American), sex (female), and age (59) when: 1. On numerous occasions (including May 21, 2018, May 24, 2018, June 25, 2018, June 28, 2018, and continuing) the Bureau required her to travel outside of her regular work schedule; 2. On May 16, 2018, her flight information was changed without her knowledge; 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. 2021002046 2 3. On multiple occasions (including May 14, 2018, and May 17, 2018) the Bureau denied her request for overtime; 4. On multiple occasions (including on or about July 16, 2018; July 27, 2018, and August 2, 2018), the bureau denied her leave requests and/or discouraged her from taking leave; and 5. Her 2018 Year End Performance Summary contained inaccurate statements about her performance. Our prior appellate decision affirmed the Agency’s final decision that concluded that Complainant failed to prove that the Agency subjected her to discrimination as alleged. The decision found that the incidents Complainant cited in support of her harassment claim, taken together, were not sufficiently severe or pervasive to be unlawful. Additionally, the record was devoid of evidence that any responsible management official was motivated by discriminatory animus with respect to any of the alleged incidents. The decision concluded that Complainant did not establish that she was subjected to discrimination, reprisal, or a hostile work environment as alleged. In her request for reconsideration, Complainant expresses her disagreement with the previous decision, and submits numerous documents. Many of the documents are already a part of the record. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, § VII.A. 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. 2020000160 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. 2021002046 3 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 May 24, 2021 Date