Sana I.,1 Complainant,v.Sally Jewell, Secretary, Department of the Interior (Bureau of Land Management), Agency.

Equal Employment Opportunity Commission

Oct 20, 2016

0520160432 (E.E.O.C. Oct. 20, 2016)

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

Sana I.,1
Complainant,

v.

Sally Jewell,
Secretary,
Department of the Interior
(Bureau of Land Management),
Agency.

Request No. 0520160432

Appeal No. 0120161452

Agency No. DOIBLM150909

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120161452 (June
9, 2016). EEOC 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 complaint, Complainant alleged she was subjected to discrimination on the
bases of race, national origin, disability, age, and in reprisal for prior protected EEO activity
when:

1. On July 31, 2015, she was informed by her attorney that she was to report to work
with [named supervisor] on August 3, 2015;
2. On August 3, 2015, she was given a work assignment by [named individual] which
included language similar to that of the April 16, 2015 proposed termination letter
written by [named supervisor];

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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3. On August 31, 2015, she was notified by the Agency solicitor, in reference to her
July 22, 2015 settlement agreement, that she needed to fill out her retirement
paperwork by the following Friday or the Agency would process a separation; and
4. On April 16, 2015, she was escorted out of the New Mexico State Office in Santa
Fe, and then called to work for a short period in June at the Albuquerque office to
perform duties below her grade level. Complainant further alleges that she was
ordered to stop working and sent home and charged for sick leave.

In our previous decision, the Commission affirmed the Agency’s procedural dismissal of
Complainant’s complaint for filing a civil action on the same matters as raised in her EEO
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. 0120161452 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
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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 20, 2016
Date