[Redacted], Leila G., 1 Complainant,v.Kevin Shea, Acting Secretary, Department of Agriculture (Animal and Plant Health Inspection Services), Agency.

Equal Employment Opportunity Commission

Jan 28, 2021

Appeal No. 2020000659 (E.E.O.C. Jan. 28, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Leila G.,1 Complainant, v. Kevin Shea, Acting Secretary, Department of Agriculture (Animal and Plant Health Inspection Services), Agency. Request No. 2021000711 Appeal No. 2020000659 Hearing No. 570-2017-00416X Agency No. APHIS-2016-00561 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020000659 (September 16, 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 an International Trade Specialist at the Agency’s Foreign Agricultural Services Office of Agreements and Scientific Affairs in Washington, D.C. Complainant filed an EEO complaint alleging she was discriminated against on the bases of race (Black), national origin (African American), sex (female), color (light brown complexion), 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. 2021000711 2 1. On April 19, 2016, she learned that she was not selected for the position of Management Analyst (Chief of Staff), GS-0343-13/14, advertised under vacancy number 6PQ-APHIS- MA-2016-0242; and 2. On an unspecified date, the Deputy Administrator, Animal and Plant Health Inspection Services, Plan Protection and Quarantine, did not extend her detail assignment as Chief of Staff, under detail assignment APHIS-PPQ-001. Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge’s (AJ) decision by summary judgment which found in favor of the Agency, concluding Complainant failed to prove her discrimination claims. In his decision, the AJ found that Complainant failed to produce evidence that the Agency’s proffered reasons for its actions were a pretext for discrimination. The AJ noted that no one was selected for the vacancy and the announcement was cancelled. As to the detail, the AJ noted that it ended early because the Chief of Staff returned to the position and there was no funding and not enough work for two people in the position. In her request for reconsideration, Complainant expresses her disagreement with the previous decision, arguing she was well qualified for the position and her detail should not have ended early - arguments she has made before. 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. 2020000659 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. 2021000711 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 January 28, 2021 Date