[Redacted], Hannah C., 1 Complainant,v.Barbara M. Barrett, Acting Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity Commission

Jan 8, 2021

Appeal No. 0120182489 (E.E.O.C. Jan. 8, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Hannah C.,1 Complainant, v. Barbara M. Barrett, Acting Secretary, Department of the Air Force, Agency. Request No. 2021000510 Appeal No. 0120182489 Hearing No. 570-2015-01101X Agency No. 9L4W15017F18 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120182489 (September 22, 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 worked as a Secretary at the Agency’s Office Automation unit in Washington, D.C. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of national origin (Italian), sex (female) and age when: 1. From April 22, 2012 to August 11, 2014, Complainant was denied a promotion due to accretion of duties during realignment to A6S; 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. 2021000510 2 2. From August 11, 2014 to the present, the Director of Staff, J3 Pentagon kept Complainant at a lower grade (GS-6) than comparator employees outside her protected classes since her realignments to A6XaGnd; and 3. On August 11, 2014, the Lt General (Retired) (Chief, Information Dominance & CIO/A6) had Complainant realigned from A6S to A6XG. When the Agency did not timely complete its investigation of the complaint, Complainant requested a hearing. Thereafter, the EEOC Administrative Judge (AJ) issued a decision finding that Complainant did not prove she was discriminated against as alleged. However, the AJ found that because the Agency did not timely complete its investigation it had to pay Complainant’s attorney’s fees and costs and provide training to and consider taking disciplinary action against the Agency EEO officials responsible for processing the complaint. Complainant filed an appeal. The Agency did not contest the AJ’s orders on appeal. Our prior appellate decision affirmed the AJ’s decision. In her request for reconsideration, Complainant expresses her disagreement with the previous decision, raising many of the same arguments made and considered below. 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. 0120182489 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. The Agency shall comply with the Order as set forth below. ORDER To the extent it has not already done so, within sixty (60) days of the date this decision is issued, the Agency shall: 1. Transmit payment to Complainant in the amount of $17,210.70 for attorney’s fees and $124.46 in costs and expenses. 2. Provide training to the Agency EEO officials responsible for processing this complaint with respect to compliance with the Commission’s regulatory timeframes outlined in 29 C.F.R. § 1614.108(e). 3. Consider taking disciplinary action against all responsible EEO officials still employed by the Agency who were responsible for the processing of this complaint. 2021000510 3 IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719) Under 29 C.F.R. § 1614.405(c) and § 1614.502, compliance with the Commission’s corrective action is mandatory. Within seven (7) calendar days of the completion of each ordered corrective action, the Agency shall submit via the Federal Sector EEO Portal (FedSEP) supporting documents in the digital format required by the Commission, referencing the compliance docket number under which compliance was being monitored. Once all compliance is complete, the Agency shall submit via FedSEP a final compliance report in the digital format required by the Commission. See 29 C.F.R. § 1614.403(g). The Agency’s final report must contain supporting documentation when previously not uploaded, and the Agency must send a copy of all submissions to the Complainant and his/her representative. If the Agency does not comply with the Commission’s order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. § 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission’s order prior to or following an administrative petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled “Right to File a Civil Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. § 1614.409. Failure by an agency to either file a compliance report or implement any of the orders set forth in this decision, without good cause shown, may result in the referral of this matter to the Office of Special Counsel pursuant to 29 C.F.R. § 1614.503(f) for enforcement by that agency. 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. 2021000510 4 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 8, 2021 Date