[Redacted], Buffy L., 1 Complainant,v.Gina M. Raimondo, Secretary, Department of Commerce, Agency.

Equal Employment Opportunity Commission

Jun 14, 2021

Appeal No. 2020002427 (E.E.O.C. Jun. 14, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Buffy L.,1 Complainant, v. Gina M. Raimondo, Secretary, Department of Commerce, Agency. Request No. 2021002753 Appeal No. 2020002427 Hearing No. 540-2016-00223X Agency No. 54-2015-00281 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020002427 (March 10, 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 worked as a General Forecaster at the Agency’s Weather Forecast Office in Phoenix, Arizona. Complainant filed an EEO complaint alleging discrimination on the bases of sex (female) and reprisal when she was subjected to harassment and management failed to take appropriate corrective action, leading to her constructive discharge. 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. 2021002753 2 The Agency investigated the matter and Complainant requested a hearing. An EEOC Administrative Judge (AJ) issued a decision following a hearing which found in favor of the Agency, concluding Complainant failed to prove her discrimination claims. In her lengthy decision, the AJ laid out the facts in detail and determined that the record was devoid of probative evidence sufficient to show that the alleged harassment was based on Complainant’s sex or her prior EEO activity, or that the alleged harassment rose to the level of a hostile work environment in violation of Title VII. The AJ also found that Complainant did not support her claim that the Agency failed to take action as the record showed otherwise. Finally, as to the constructive discharge claim, the AJ found that Complainant did not demonstrate that the Agency’s actions were motivated by discriminatory animus or that Complainant’s working conditions were so intolerable as to make Complainant feel compelled to resign. The Agency subsequently issued a final order adopting the findings of the AJ. Our prior appellate decision affirmed the AJ’s decision. In her request for reconsideration, Complainant expresses her disagreement with the previous appellate decision and raises many arguments she made on appeal, again pointing to many documents in 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. 2020002427 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. 2021002753 3 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 14, 2021 Date