[Redacted], Francine V., 1 Complainant,v.Thomas J. Vilsack, Secretary, Department of Agriculture (Office of the Chief Financial Officer), Agency.

Equal Employment Opportunity Commission

Aug 4, 2021

Appeal No. 2020001645 (E.E.O.C. Aug. 4, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Francine V.,1 Complainant, v. Thomas J. Vilsack, Secretary, Department of Agriculture (Office of the Chief Financial Officer), Agency. Request No. 2021003136 Appeal No. 2020001645 Hearing No. 541-2018-00022X Agency No. FS-2015-00758 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020001645 (March 31, 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). During the relevant period, Complainant was employed by the Agency as a Human Resources Specialist-Employee Benefits, GS-0201-09, at the Agency’s Albuquerque Service Center in Albuquerque, New Mexico. 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. 2021003136 2 On August 15, 2015, Complainant filed a formal EEO complaint claiming unlawful employment discrimination and a hostile work environment by the Agency on the bases of disability (knee injury. Panic attacks/Post-Traumatic Stress Disorder/Social Anxiety Disorder) and in reprisal for prior protected EEO activity when: 1. On July 17, 2015, her request for advanced sick leave was denied. 2. On June 19, 2015, management released her medical information to her co-worker and failed to notify her of the incident. 3. On an unspecified date, she was placed on leave restriction. 4. On several dates, she was subjected to various acts of harassment, including but not limited to the following events: a. On June 3, 2015, she was chastised for contacting her co-worker when her supervisor refused to submit her time and attendance record; b. On June 12, 2015, June 30, 2015, and other unspecified dates, management refused to communicate with her or address her concerns; c. On June 16, 2015, she was accused of leaving work documents on her desk unattended; and d. On unspecified dates, management repeatedly told staff members that she was “out sick again,” causing her co-workers to be hostile and irate toward her upon her return to work. After its investigation, the Agency provided Complainant with a copy of the report of investigation and notice of right to request a hearing before an Equal Employment Opportunity Commission (EEOC or Commission) Administrative Judge (AJ). Complainant timely requested a hearing. The Agency submitted a motion for decision without a hearing, which Complainant opposed. The AJ subsequently issued a decision by summary judgment in favor of the Agency. The Agency issued its final order adopting the AJ’s finding that Complainant failed to prove discrimination or reprisal as alleged. Complainant appealed. In EEOC Appeal No. 2020001645, we concluded that the evidence of record fully supported the AJ’s decision that Complainant’s allegations of discrimination had not been proven. In her request for reconsideration of that decision, Complainant essentially repeats the same arguments made and considered during her original appeal. 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. 2021003136 3 The decision in EEOC Appeal No. 2020001645 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 August 4, 2021 Date