[Redacted], Ileana H., 1 Complainant,v.Christine Wormuth, Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Aug 3, 2021

Appeal No. 2020000812 (E.E.O.C. Aug. 3, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Ileana H.,1 Complainant, v. Christine Wormuth, Secretary, Department of the Army, Agency. Request No. 2021002763 Appeal No. 2020000812 Hearing No. 550-2019-00108X Agency No. ARPOM18FEB00498 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Ileana H. v. Dep’t of the Army, EEOC Appeal No. 2020000812 (Mar. 9, 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). Complainant, an Assistant Professor at the Agency’s Defense Language Institute Foreign Language Center (DLIFLC) in Monterey, California, filed a formal EEO complaint alleging that the Agency discriminated against her on the bases of national origin (Asian), disability (Stress, Anxiety, Sleep Deprivation), and age (58) 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. 2021002763 2 1. on January 9, 2018, management issued Complainant a memorandum of non- extension of excepted service appointment effective January 22, 2018, which violated the collective bargaining agreement in place; 2. on January 22, 2018, the School Dean (SD1) forced Complainant, under threat of arrest, to go to the Presidio of DLIFLC to out-process, although Complainant was on sick leave and offices were closed due to furlough; 3. on January 10, 2018, the Department Chairperson (DC1) stated that SD1 did not extend Complainant’s appointment because Complainant communicated unsubstantiated accusations against a coworker in a letter to DLIFLC headquarters; 4. about October 2017, SD1 issued Complainant a letter of warning alleging that she left school grounds without supervisory approval so she was absent without leave (AWOL); 5. on May 22, 2017, DC1 sent an email misrepresenting an earlier discussion with Complainant, in which she threatened Complainant to prevent her from going up the chain-of-command to challenge a May 2017 performance improvement plan (PIP); 6. on May 3, 2017, management issued Complainant a PIP written in a belittling and redundant style, which Complainant considered unnecessarily demeaning; and 7. from March 23, 2015 to January 22, 2018, management failed to take the initiative to assist Complainant in finding the help Complainant desperately and obviously needed. Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). The AJ assigned to the matter issued a summary judgment decision finding that Complainant had not been subjected to discrimination as alleged. The Agency subsequently issued a final order fully adopting the AJ’s decision. In the appellate decision, the Commission affirmed the final order. In her request for reconsideration, Complainant expresses her disagreement with the previous decision and reiterates arguments previously made and considered on appeal. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 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. Complainant has not presented any persuasive evidence to support reconsideration of the Commission's decision. 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. 2020000812 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2021002763 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 3, 2021 Date