[Redacted], Glenna O., 1 Complainant,v.Monty Wilkinson, Acting Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

Equal Employment Opportunity Commission

Feb 22, 2021

Appeal No. 2019005100 (E.E.O.C. Feb. 22, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Glenna O.,1 Complainant, v. Monty Wilkinson, Acting Attorney General, Department of Justice (Federal Bureau of Prisons), Agency. Request No. 2021000845 Appeal No. 2019005100 Hearing No. 430-2019-00155X Agency No. BOP-2018-0726 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019005100 (October 8, 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 was a former Nursing Assistant, GS-05, at the Agency’s Nursing Department, Federal Medical Center in Butner, North Carolina. Complainant was employed by the Agency from October 24, 2010, through Match 8, 2018. Complainant filed an EEO complaint alleging the Agency subjected her to discrimination and harassment on the bases of race (Caucasian), national origin (Irish), sex (female), religion (Christian), disability, and reprisal when: 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. 2021000845 2 1. On May 29, 2018, she became aware she was not paid at the correct grade level from October 2010, through December 2016; 2. From December 2016 through March 2018, her disability retirement was mishandled; and 3. Her worker’s compensation claim was mishandled, and she was denied workers’ compensation and unemployment benefits. The Agency accepted claim 1 for investigation and dismissed claims 2 and 3 for failure to state a claim. Following the investigation, Complainant requested a hearing. Complainant submitted a motion to amend her complaint before the EEOC Administrative Judge (AJ), but the motion was denied because it involved matters relating to her workers’ compensation claims and were a collateral attack on that process. The AJ also dismissed claim 1 for untimely EEO counselor contact because Complainant did not contact an EEO counselor until May 14, 2018. The decision noted that Complainant left the Agency on March 8, 2018, and it was reasonable to conclude she spoke with her supervisor on or before that date regarding “violating the Equal Pay Act.” The prior decision affirmed the AJ’s dismissal of the complaint. In her request for reconsideration, Complainant expresses her disagreement with the previous decision and questions the time limits. 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. 2019005100 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. 2021000845 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 February 22, 2021 Date