Refugia S.,1 Complainant,v.Julian Castro, Secretary, Department of Housing and Urban Development, Agency.

Equal Employment Opportunity Commission

Jun 8, 2016

0520160076 (E.E.O.C. Jun. 8, 2016)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Refugia S.,1
Complainant,

v.

Julian Castro,
Secretary,
Department of Housing and Urban Development,
Agency.

Request No. 0520160076
Appeal No. 0120151970
Agency No. HUD000172015

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120151970 (October 8, 2015). U.S. Equal Employment Opportunity Commission (EEOC or
Commission) Regulations provide that the Commission may, in its discretion, grant a request
to reconsider any previous Commission decision 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).

In her underlying EEO complaint, Complainant alleged that on the bases of her sex (female),
age (62), disability (physical and mental), and national origin (Hispanic), the Agency subjected
her to discrimination and harassment when: (1) she was notified by her supervisor that her
telework schedule would be terminated due to upcoming training: (2) she did not receive
promised training after her telework schedule was terminated; (3) her supervisor denied her
request to be placed back on the telework schedule; (4) her supervisor denied her request to
begin a Flex tour schedule; and (5) after returning from a leave of absence, she was unable to
gain access to the systems she normally used and was told by her supervisor to go through a
clearance process and a background check.

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.

0520160076

2
In her request for reconsideration, Complainant again argues that her medical conditions (i.e.,
“thyroid and blood pressure issues”) prevented her from timely filing her formal complaint.
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. 0120151970 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. 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

June 8, 2016
Date