[Redacted], Zenobia P., 1 Complainant,v.Alejandro N. Mayorkas Department of Homeland Security (Federal Emergency Management Agency) Agency.

Equal Employment Opportunity Commission

Apr 29, 2021

Appeal No. 2021000145 (E.E.O.C. Apr. 29, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Zenobia P.,1 Complainant, v. Alejandro N. Mayorkas Department of Homeland Security (Federal Emergency Management Agency) Agency. Request No. 2021001659 Appeal No. 2021000145 Hearing No. 510-2019-00179X Agency No. HS-FEMA-01672-2017 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Zenobia P. v. Dep’t of Homeland, Sec., EEOC Appeal No. 2021000145 (Nov. 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). Complainant, a Public Assistance Project Specialist (Reservist) at the Agency’s Joint Field Office in Maitland, Florida, filed an EEO complaint alleging that the Agency subjected her to discrimination and a hostile work environment on the bases of race (White), national origin (Hispanic), and disability when: 1. On May 3, 2017, Complainant’s supervisor sent her an email about her work performance at 1:00 a.m., which caused Complainant to be hospitalized for high blood pressure; 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. 2021001659 2 2. On April 5 and May 3, 2017, Complainant’s supervisor engaged in retaliation against her during conference meetings; 3. On April 20, 2017, Complainant’s supervisor parked too close to her car, making it difficult for her to get into her car, and the supervisor commented on her back when she blocked the car; and 4. On an unspecified date, Complainant’s supervisor denied her unspecified request for a reasonable accommodation Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ), but later withdrew her request. The case was remanded back to the Agency, and the Agency issued a final decision finding that Complainant was not subjected to discrimination as alleged. Complainant appealed, and in Zenobia P. v. Dep’t of Homeland Sec., EEOC Appeal No. 2021000145 (Nov. 30, 2020), the Commission affirmed the Agency’s final order. In her request for reconsideration, Complainant, through counsel, expresses disagreement with the appellate decision and reiterates arguments and evidence 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. 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. 2021000145 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. 2021001659 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 April 29, 2021 Date