[Redacted], Melania U., 1 Complainant,v.David L. Norquist, Acting Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Mar 18, 2021

Appeal No. 2020002468 (E.E.O.C. Mar. 18, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Melania U.,1 Complainant, v. David L. Norquist, Acting Secretary, Department of the Army, Agency. Request No. 2021000384 Appeal No. 2020002468 Agency No. ARIMCOMHQ19AUG02955 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Melania U. v. Dep’t of the Army, EEOC Appeal No. 2020002468 (Sept. 24, 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). In her underlying complaint, Complainant, a Supervisory Visual Information Specialist at the U.S. Army Garrison (USAG) of the U.S. Army Installation Management Command facility in Fort Riley, Kansas, claimed that she was subjected to discrimination and a hostile work environment on the bases of her race (American Indian), sex (female) and in reprisal for her prior protected EEO activity when: 1. On January 20, 2018, Complainant was removed from Federal service; 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. 2021000384 2 2. On December 21, 2017, Complainant was issued a Notice of Proposed Removal; 3. On December 5, 2017, the Deputy Garrison Commander and the former Garrison Commander authorized the Director of DPTMS to place Complainant on administrative leave; 4. On November 29, 2017, the Director of DPTMS and the former Garrison Commander instructed Complainant to violate Agency Regulation 735-5 by conducting an inspection with a named Agency employee (CW1) instead of an Operations Chief (OPS Chief1); 5. On November 29, 2017, Complainant informed the EEO Manager that she was being harassed by management and the EEO Manager failed to notify her leadership, which violated Agency Regulation 690-12, Anti-harassment policy; and 6. From November 2017 to January 2018, the former Garrison Commander and the Deputy Garrison Commander failed to take action on the harassment and the disparate treatment Complainant received from OPS Chief1, the Director of DPTMS and another Operations Chief (OPS Chief2). The Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(2) on the grounds that Complainant failed to initiate contact with an EEO Counselor in a timely manner. The Agency determined that Complainant’s contact with an EEO Counselor occurred on August 8, 2019 and was clearly after the expiration of the 45-day limitation period. On appeal, the Commission affirmed the Agency’s dismissal decision. In her request for reconsideration, Complainant contends that the Commission overlooked the arguments and evidence she presented 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. With regard to Complainant’s argument, the Commission clearly reviewed her submission on appeal and found that her complaint was properly dismissed for failure to initiate contact with an EEO Counselor in a timely manner. We find that Complainant has not presented any argument or evidence that satisfies the criteria of a request for reconsideration. 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. 2020002468 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2021000384 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 March 18, 2021 Date