[Redacted], Sally E. Boarman, 1 Complainant,v.Andrew M. Saul, Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Apr 26, 2021

Appeal No. 2020004147 (E.E.O.C. Apr. 26, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Sally E. Boarman, 1 Complainant, v. Andrew M. Saul, Commissioner, Social Security Administration, Agency. Request No. 2021001879 Appeal No. 2020004147 Agency No. HQ-19-0695-SSA DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020004147 (December 31, 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 Program Expert at the Agency’s facility in Baltimore, Maryland. She filed an EEO complaint alleging discrimination on the bases of race (White), sex (female), disability, age (75) and reprisal when: (1) on March 14, 2019, Complainant was reprimanded; and (2) on March 14, 2019, Complainant was removed from the “Steigerwald” Project (defined by the Agency as a high priority litigation support project for ongoing litigation whose work was time sensitive with little or no margin for error). Complainant did not request a hearing. The Agency dismissed claim 1 for failure to state a claim, stating that no reprimand was issued. Based on the evidence developed during the investigation into claim 2, the Agency concluded no discrimination was established. 1 Complainant has requested that a pseudonym not be used. 2021001879 2 Our prior appellate decision affirmed the Agency’s final decision that affirmed the dismissal of claim 1 and concluded that Complainant failed to prove that the Agency subjected her to discrimination as alleged as to claim 2. In her request for reconsideration, Complainant expresses her disagreement with the previous decision, and reiterates some of her arguments made on appeal. She also submits two witness statements that were made in 2014. 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. With regard to the witness statements, Complainant has not established that she could not have submitted them during her original appeal. 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. 2020004147 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. 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. 2021001879 3 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 April 26, 2021 Date