[Redacted], Jenna P., 1 Complainant,v.Thomas W. Harker, Acting Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

Feb 22, 2021

Appeal No. 2019002007 (E.E.O.C. Feb. 22, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Jenna P.,1 Complainant, v. Thomas W. Harker, Acting Secretary, Department of the Navy, Agency. Request No. 2021000863 Appeal No. 2019002007 Hearing No. 480-2016-00975X Agency No. DON 11-63126-01357 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019002007 (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 probationary Engineering Trainee under the Navy Career Intern Program as a participant in the Engineering and Scientific Development Program at the Naval Air Warfare Center in Point Mugu, California. Complainant filed an EEO complaint alleging she was subject to a hostile work environment and discriminated against on the bases of race (Asian), national origin (Vietnam), sex (female), age, and reprisal. 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. 2021000863 2 Complainant identified 13 allegations in support of her claim involving, but not limited to, initially not having a supervisor and comments made, being kicked out of a lab, being verbally abused, being assigned a new task, not being given an assignment by another Team Lead, her accomplishments not being mentioned on her performance appraisal, not receiving responses to her messages, her performance rating, being denied an opportunity for a third tour, and being terminated from her position on February 7, 2011. The Agency investigated the matter and thereafter Complainant requested a hearing. Initially the Equal Employment Opportunity Commission Administrative Judge’s (AJ) issued a decision by summary judgement, finding no discrimination was established. The Agency implemented the AJ’s decision and Complainant appealed. In Appeal No. 0120140010 (August 5, 2016), we vacated the Agency’s order and remanded the matter for a hearing. Thereafter, a hearing was held and the AJ issued a decision which again found in favor of the Agency, concluding Complainant failed to prove her discrimination claims. In the decision, the AJ found the management witnesses to be credible and convincing with testimony concerning Complainant’s performance problems during her probationary period. The AJ concluded that Complainant did not prove that she was subjected to discrimination or retaliation based on her protected classes or prior EEO activity. As to Complainant’s harassment claim, the AJ also determined that the incidents in the record did not rise to the level of harassment in violation of Title VII. Our prior decision affirmed the AJ’s findings and addressed Complainant’s dissatisfaction with the investigation of her complaint. In her request for reconsideration, Complainant expresses her disagreement with the previous decision and raises many of the same arguments that she made previously. 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. 2019002007 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. 2021000863 3 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 February 22, 2021 Date