[Redacted], Aracely J., 1 Complainant,v.David Bernhardt, Secretary, Department of the Interior (National Park Service), Agency.

Equal Employment Opportunity Commission

Jan 22, 2021

Appeal No. 2020000761 (E.E.O.C. Jan. 22, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Aracely J.,1 Complainant, v. David Bernhardt, Secretary, Department of the Interior (National Park Service), Agency. Request No. 2021000695 Appeal No. 2020000761 Agency No. NPS-19-0481 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Aracely J. v. Dep’t of the Interior, EEOC Appeal No. 2020000761 (Sept. 30, 2020). 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, a Budget Analyst at the Agency's Pacific West Regional Office in San Francisco, California, filed a formal complaint alleging that the Agency subjected her to discrimination on the basis of sex (female) when: 1. On August 14, 2017, she was directed to leave her duty station at Whiskeytown National Recreation Area (NRA) and assigned to telework pending the completion of an investigation; 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. 2021000695 2 2. On May 8, 2018, she was intimidated during a training conference when the Deputy Director approached Complainant and asked, “why are you here?” 3. On July 2, 2018, the Deputy Director denied Complainant's request for travel pay for a one-day trip to meet with the Regional Director to discuss Complainant's removal from Whiskeytown NRA; 4. On July 21, 2018, Complainant discovered she was permanently removed from her work station. The Agency dismissed the complaint on the grounds that Complainant failed to timely contact an EEO counselor. Complainant appealed, and in the previous decision, the Commission affirmed the dismissal, finding that Complainant did not initiate contact with an EEO counselor until July 8, 2019, nearly a year after the most recent incident described in her complaint. 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), at 9-18 (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. She has not presented any argument or evidence tending to establish the existence of either reconsideration criterion. Instead, she attempts to relitigate her appeal on the merits, raising contentions similar to those that we considered and rejected in our previous decision. 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. 2020000761 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. 2021000695 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 January 22, 2021 Date