Sanora S.,1 Complainant,v.Sonny Perdue, Secretary, Department of Agriculture (Forest Service), Agency.

Equal Employment Opportunity CommissionSep 12, 2018
0520180470 (E.E.O.C. Sep. 12, 2018)

0520180470

09-12-2018

Sanora S.,1 Complainant, v. Sonny Perdue, Secretary, Department of Agriculture (Forest Service), Agency.


U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

Sanora S.,1

Complainant,

v.

Sonny Perdue,

Secretary,

Department of Agriculture

(Forest Service),

Agency.

Request No. 0520180470

Appeal No. 0120160801

Agency No. FS201500198

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120160801 (May 23, 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).

Complainant was a Legal Document Examiner, GS-03963-07, at the Agency's region 5, in the Los Padres National Forest facility in Frazier Park, California. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of age and reprisal when: (1) on November 4, 2014, she received a Superior performance rating on her FY 2014 performance appraisal; (2) on an unspecified date, her supervisor denied her request for a laptop; (3) on an unspecified date, her supervisor required her to work at grade levels above and/or below her GS-0963-07, Legal Documents Examiner position; and (4) on various dates she was subjected to additional harassing treatment (including, but not limited to, emails, heightened scrutiny, being discouraged from teleworking, being told it would not be good for her if she filed an EEO complaint, and harassment by a co-worker). Complainant filed a second complaint alleging discrimination on the basis of age and reprisal involving four additional claims of harassment, including her supervisor laughing in her face, ignoring her presence, yelling at her, and being accused of being "fixated" on a co-worker.

Complainant did not request a hearing. Our prior appellate decision affirmed the Agency's final decision that concluded that Complainant failed to prove that the Agency subjected her to discrimination as alleged.

In her request for reconsideration, Complainant expresses her disagreement with the previous decision, and raises subsequent incidents. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, � VII.A. 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. 0120160801 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

September 12, 2018

__________________

Date

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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