U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Sunday S.,1 Complainant, v. Chad F. Wolf, Acting Secretary, Department of Homeland Security (Citizenship and Immigration Services), Agency. Request No. 2021000132 Appeal No. 2019005172 Agency No. HS-CIS-26207 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019005172 (September 3, 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). During the relevant period, Complainant was employed by the Agency as an Immigration Services Analyst at the Agency’s Washington District Office in Fairfax, Virginia. On June 5, 2016, Complainant filed a formal complaint alleging that the Agency discriminated against her, and subjected her to harassment from January 2016 through October 11, 2016, based on her disability and in reprisal for requesting a reasonable accommodation 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. 2 2021000132 1. From January 2016 through June 2016, Complainant’s supervisor (S1) did not respond to her correspondences, or her leave and telework requests, in a timely manner; 2. On March 15, 2016, Complainant was instructed to report to the office, when all other employees were teleworking that day; 3. On March 15, 2016, Complainant was instructed to copy S1 on all emails; 4. On March 18, 2016, Complainant’s Statistical Automated Tracking System privileges were removed; 5. On April 13 and August 5, 2016, Complainant received her Performance Plan and Appraisals with negative remarks; 6. On May 4, 2016, Complainant’s work was criticized; 7. On May 19, 2016, Complainant was instructed to submit an additional form when reverifying cases, while others were not instructed to submit the same form; and 8. On October 11, 2016, she received a lower rating than she expected on her fiscal year 2016 performance review. After its investigation, the Agency provided Complainant with a copy of the report of investigation and notice of right to request a hearing before an EEOC Administrative Judge (AJ). Complainant timely requested a hearing. On March 8, 2019, the AJ issued a Notice of Proposed Summary Judgment and Order to Submit Response to the Notice of Proposed Summary Judgment (Notice). On May 31, 2019, the AJ issued an Order Entering Judgment. The Agency did not issue an Order within 40 days, and the AJ’s summary judgment became the final order. An appeal followed. In EEOC Appeal No. 2019005172, we affirmed the AJ’s summary judgment finding no discrimination was established. Complainant does not provide any brief or statement in support of her instant request for reconsideration of that decision. 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. 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. The decision in EEOC Appeal No. 2019005172 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 3 2021000132 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 January 5, 2021 Date
