[Redacted], Vickie T., 1 Complainant,v.Alex M. Azar II, Secretary, Department of Health and Human Services (Food and Drug Administration), Agency.

Equal Employment Opportunity Commission

Jan 12, 2021

Appeal No. 2020004302 (E.E.O.C. Jan. 12, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Vickie T.,1 Complainant, v. Alex M. Azar II, Secretary, Department of Health and Human Services (Food and Drug Administration), Agency. Request No. 2021000683 Appeal No. 2020004302 Agency No. HHS-FDACO-049-16F DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Vickie T. v. Dep’t of Health and Human Services, EEOC Appeal No. 2020004302 (September 30, 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). The record indicates that on August 9, 2018, Complainant and the Agency entered into a settlement agreement to resolve Complainant’s complaint. The settlement agreement provided, in pertinent part, that: 10. The Agency agrees to promote Complainant from GS 11, Step 7, to a GS 12, Step 3, effective December 27, 2015. The Agency shall also provide Complainant with any step increases she would be entitled to after the effective date of the promotion. The 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. 2021000683 2 Agency will pay Complainant retroactive back pay and benefits associated with the promotion and the step increases. The Complainant will receive a step increase to GS 12 step 4 on or about December 25, 2016 and GS 12 step 5 on or about December 24, 2018. However, Complainant agrees to waive interest on the back pay and benefits. . . . 12. Complainant agrees to voluntarily and irrevocably retire from the Agency effective January 5, 2019. On December 4, 2019, Complainant alleged that the Agency breached the settlement agreement because the Office of Personnel Management did not recognize her as having worked for a full 3 years at the GS-12 grade level before retirement. The Agency determined that it did not breach the settlement agreement because it processed Complainant’s promotion to GS-12, with all the step increases under provision 10 thereof. Complainant appealed, and the Commission’s prior decision affirmed the Agency’s determination. In her request, Complainant reiterates arguments she previously made and provides no evidence to warrant granting her request. The Commission emphasizes that a request for reconsideration is not a second appeal to the Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (Aug. 5, 2015), at 9-18; 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. 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. 2020004302 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. 2021000683 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 12, 2021 Date