[Redacted], Celine B., 1 Complainant,v.Steven T. Mnuchin, Secretary, Department of the Treasury (Internal Revenue Service), Agency.

Equal Employment Opportunity Commission

Feb 2, 2021

Appeal No. 2020001871 (E.E.O.C. Feb. 2, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Celine B.,1 Complainant, v. Steven T. Mnuchin, Secretary, Department of the Treasury (Internal Revenue Service), Agency. Request No. 2021000319 Appeal No. 2020001871 Hearing No. 460-2019-00222X Agency No. IRS-19-0378-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. 2020001871 (October 6, 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). On March 6, 2019, Complainant filed a formal EEO complaint alleging that the Agency subjected her to unlawful employment discrimination based on mental disability (major depression and generalized anxiety disorder) and in reprisal for prior protected activity when: 1. on November 28, 2018, she was assigned the majority of the grade level 12 inventory of the three GS-12 employees; 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. 2021000319 2 2. on December 18, 2018, she received a negative write-up in her review; 3. on January 29, 2019, she was assigned the grade level 12 inventory of an employee who retired in December 2018; 4. on February 15, 2019, her annual performance appraisal was revalidated but the narratives were not revised to reflect her Outstanding performance; 5. Management did not grant her request for reasonable accommodation in the form of reducing her workload, and instead increased her workload, as referred to above; and 6. as recently as April 9, 2019, management has displayed a negative attitude and resistance towards her current request for reasonable accommodation. After an investigation, the Agency provided Complainant with a copy of the report of investigation and notice of her right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ). On November 14, 2019, the AJ issued a decision by summary judgment in favor of the Agency. The Agency adopted the AJ’s findings in its Order. Complainant appealed. In EEOC Appeal No. 2020001871, we affirmed the Agency’s final order adopting the AJ’s decision and concluding the evidence of record did not establish that discrimination had occurred. In the instant request for reconsideration, Complainant argues that summary judgment was inappropriate and attempts to relitigate the underlying case. To successfully oppose a decision by summary judgment, a complainant must identify, with specificity, facts in dispute either within the record or by producing further supporting evidence and must further establish that such facts are material under applicable law. Here, Complainant failed, before the AJ and during the original appeal, to point with any specificity to particular evidence in the investigative file or other evidence of record that indicates such a dispute. 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. The decision in EEOC Appeal No. 2020001871 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2021000319 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 February 2, 2021 Date