U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Tammi W.,1 Complainant, v. Lloyd J. Austin III, Secretary, Department of Defense (Uniformed Services University of the Health Sciences), Agency. Request No. 2021003852 Appeal No. 2021001545 Agency No. USUHS-20-009 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Tammi W. v. Dep’t of Def., EEOC Appeal No. 2021001545 (May 25, 2021). 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, a GS-0303-06 Program Support Assistant at the Agency's Preventive Medicine and Biostatistics (PMB) facility in Bethesda, Maryland, filed a formal EEO complaint alleging that the Agency subjected her to discrimination and a hostile work environment on the bases of race (Black), disability, and in reprisal for prior protected EEO activity when: a) On August 26, 2020, her second-line supervisor (Supervisor2) removed her from her position as PMB Program Support Assistant; 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. 2021003852 2 b) On August 19, 2020, her first-line supervisor (Supervisor1) blocked her exit from her cubicle and threatened to throw hot water on her if she became unruly; c) On August 17, 2020, Supervisor1 started an argument with her and refused to allow her to transfer from her PMB workstation to a desk in the USU library to complete her tasks that day; d) On August 14, 2020, Supervisor1 refused to assign her a mentor; e) On August 12, 2020, Supervisor1 ordered her to claim Leave Without Pay for leave she took between August 3 to 10, 2020; f) On July 13-17, 2020, Supervisor1 refused to sign her Metro Card travel subsidy form; g) On July 7, 2020, Supervisor1 approached her desk and made a hunched up, fist- clenched jumping motion as if he were going to hit her; and h) On May 26, 2020 - August 20, 2020, PMB staff did not provide her on-the-job training for her position as PMB Program Support Assistant. The Agency dismissed the complaint, pursuant to 29 C.F.R. § 1614.107(a)(2), as untimely filed. In the appellate decision, the Commission affirmed the dismissal. In her request for reconsideration, Complainant expresses her disagreement with the previous decision and reiterates arguments previously made and considered 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. Complainant has not done so here. Complainant has not presented any persuasive evidence to support reconsideration of the Commission's 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. The decision in EEOC Appeal No. 2021001545 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. 2021003852 3 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 September 27, 2021 Date
