[Redacted], Helena B., 1 Complainant,v.Janet L. Yellen, Secretary, Department of the Treasury (Internal Revenue Service), Agency.

Equal Employment Opportunity Commission

Aug 11, 2021

Appeal No. 2020002038 (E.E.O.C. Aug. 11, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Helena B.,1 Complainant, v. Janet L. Yellen, Secretary, Department of the Treasury (Internal Revenue Service), Agency. Request No. 2021002894 Appeal No. 2020002038 Hearing No. 461-2018-00168X Agency No. IRS170797F DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020002038 (March 11, 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 time, Complainant was employed by the Agency as an Individual Taxpayer Advisory Specialist, GS-09, with the Agency’s Wage and Investment Service Center located in Houston, Texas. On October 27, 2017, Complainant filed a formal complaint alleging discrimination on disability (mobility issues) when, in July 2017, she was required to submit a new reasonable 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. 2021002894 2 accommodation request and medical documentation to obtain a replacement desktop printer for the printer that she had used for years as a reasonable accommodation for an obvious mobility impairment. After its 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 (EEOC or Commission) Administrative Judge (AJ). Complainant requested a hearing. The AJ notified the parties sua sponte of an intent to issue a decision without a hearing. 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 of no discrimination. In his decision, the AJ determined that the Agency articulated legitimate, nondiscriminatory reasons for the alleged discriminatory action. The Agency’s EEO Specialist/Reasonable Accommodation (RA) Coordinator stated that she was unaware that Complainant had mobility problems, based on Complainant’s December 5, 2014 medical documentation. She was informed that Complainant had the desktop printer as a reasonable accommodation to assist in limiting the extra steps of walking to the network printer. However, the EEO Specialist/RA Coordinator could not find Complainant’s records in the RA system. As a result, she requested that Complainant have her physician provide an updated letter for a desktop printer based on her current medical condition. On August 2, 2017, Complainant provided updated medical documentation. On August 7, 2017, the Agency approved Complainant’s request for a replacement desktop printer. Complainant received the replacement printer shortly thereafter. In EEOC Appeal No. 2020002038, the Commission determined that the evidence of record fully supported the AJ’s decision finding no discrimination. 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. The decision in EEOC Appeal No. 2020002038 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2021002894 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 August 11, 2021 Date