Request No. 0520180140

Equal Employment Opportunity Commission

Mar 22, 2018

0520180140 (E.E.O.C. Mar. 22, 2018)

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

Terisa B.,1
Grievant,

v.

Rex W. Tillerson,
Secretary,
Department of State,
Agency.

Request No. 0520180140

Appeal No. 0220170004

DECISION ON REQUEST FOR RECONSIDERATION

Grievant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0220170004 (November 2, 2017).
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).

In her grievance filed on August 12, 2016, Grievant claimed that the Agency discriminated
against her on the basis of her race when management denied her a promotion and failed to
provide her with proper training to be successful in her position. On September 2, 2016, the
Agency denied the grievance, finding that it was untimely under Article 20, Section 7(a) of the
Agency’s Master Agreement. Grievant subsequently appealed to the Commission. We dismissed
the appeal, finding that we lacked jurisdiction to review a procedural determination by an agency
solely related to the grievance process.

In her request for reconsideration, Grievant contends that the matter is not “solely” related to the
grievance process. We find, however, that as stated on appeal, because the Agency’s decision did
not address the merits of Grievant’s discrimination allegations, there is no decision for 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.
0520180140

2
Commission to review, and therefore, we lack jurisdiction over this matter. Accordingly, 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. 0220170004 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

March 22, 2018
Date