Sade M.,1 Complainant,v.James N. Mattis, Secretary, Department of Defense (Defense Logistics Agency), Agency.

Equal Employment Opportunity Commission

Oct 4, 2018

0520180505 (E.E.O.C. Oct. 4, 2018)

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

Sade M.,1
Complainant,

v.

James N. Mattis,
Secretary,
Department of Defense
(Defense Logistics Agency),
Agency.

Request No. 0520180505

Appeal No. 0120180022

Hearing No. 570-2016-00464X

Agency No. DLAE-15-0157

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120180022 (June 7, 2018). 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 underlying complaint, Complainant alleged that the Agency subjected her to unlawful
race, sex, color, disability, age, and reprisal discrimination when: (1) on February 5, 2015,
management reassigned her payroll/timekeeping responsibilities; (2) from April 2014 to October
2014, her supervisor denied her overtime requests; (3) from April 2013 to April 2014
management denied her training for EAMCS; (4) on January 22, 2014, the Commander Colonel
accused her of refusing to open the door for him, “placed his hands” on her, and refused to let

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.
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her leave the area; (5) between January 2014 and February 2014, the Commander Colonel
attempted to speak with her privately, against her objections; (6) on January 15, 2014, during a
meeting with the Deputy Director, Quality Manager, and Lieutenant Colonel, she was informed
that she would be assigned to new supervisors and her responsibilities and position description
would be modified; (7) on January 9, 2014, she was accused of parking her vehicle in an
unauthorized parking space; (8) on December 2, 2013, management removed her fleet manager
duties; (9) from November 2013 to present, the Deputy Director, as instructed by the Lieutenant
Colonel’s office, assigned her to perform GS-7 administrative responsibilities, which were below
her position and grade; and (10) on November 19, 2013, the Lieutenant Colonel and a named
Agency official instructed her to “stay clear” of another employee.

At the conclusion of the investigation, Complainant requested a hearing before an Equal
Employment Opportunity Commission Administrative Judge (AJ). The AJ assigned to the case
found that, after viewing the evidence in a light most favorable to Complainant, a decision
without a hearing was appropriate as there were no genuine issues of material fact in dispute.
The AJ concluded that Complainant failed to establish that she was subjected to discrimination
as alleged. The Agency’s final order adopted the AJ’s finding of no discrimination, and on
appeal the Commission affirmed the Agency’s final order.

In her request for reconsideration, Complainant largely reiterates arguments made, and fully
considered, on appeal. 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.
0120180022 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.
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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

October 4, 2018
Date