[Redacted], Maxima S,1 Complainant,v.Elaine L. Chao, Secretary, Department of Transportation (Federal Aviation Administration), Agency.

Equal Employment Opportunity Commission

Jan 14, 2021

Appeal No. 2019002374 (E.E.O.C. Jan. 14, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Maxima S,1 Complainant, v. Elaine L. Chao, Secretary, Department of Transportation (Federal Aviation Administration), Agency. Request No. 2021000587 Appeal No. 2019002374 Hearing No. 490-2015-00199X Agency No. 201526048FAA03 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019002374 (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 Management and Program Assistant at the Agency’s System Support Center in Memphis, Tennessee. Complainant filed an EEO complaint alleging discrimination on the bases of race (African American), disability, and reprisal. Claim A involved her non-selections for five positions. In Claim B, Complainant alleged she was denied reasonable accommodation and that the Agency failed to engage in an interactive process. 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. 2021000587 2 In Claim C, Complainant alleged she was subjected to harassment and identified 17 incidents that included but were not limited to being required to support multiple supervisors and employees, denial of the ability to telework, being chastised, inappropriate comments about her, being harassed about her use of VA medical appointments, negative supervisory input, not receiving a cash award, being denied a copy of a key, being accused of performance issues, and her supervisor advising her that a means of regular reporting would be established in resolving her alleged performance issues. Complainant initially requested a hearing, but subsequently withdrew her request. Our prior appellate decision affirmed the Agency’s final decision that concluded that Complainant failed to prove that the Agency subjected her to discrimination or harassment as alleged. The prior decision also agreed with the Agency’s dismissal of Complainant’s non-selections (Claim A) for untimeliness. The decision also found that Complainant did not demonstrate that she was denied a reasonable accommodation. In her request for reconsideration, Complainant expresses her disagreement with the previous decision and raises many of the same arguments she made on appeal, focusing primarily on the denial of reasonable accommodation. 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. 2019002374 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. 2021000587 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 14, 2021 Date