Selma D.,1 Complainant,v.Jeff B. Sessions, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

Equal Employment Opportunity Commission

Oct 26, 2018

0520180561 (E.E.O.C. Oct. 26, 2018)

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

Selma D.,1
Complainant,

v.

Jeff B. Sessions,
Attorney General,
Department of Justice
(Federal Bureau of Prisons),
Agency.

Request No. 0520180561

Appeal No. 0120171066

Agency No. BOP-2015-0175

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120171066 (July 26, 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 worked as a Facilities Assistant, GS-07, at the Agency’s Federal Prison Camp in
Pensacola, Florida. Complainant filed an EEO complaint alleging that the Agency discriminated
against her on the bases of sex (female) when (1) on October 9, 2014, she was notified that her
previously approved compressed work schedule (CWS) was involuntarily discontinued; and on
the basis of reprisal when (2) her previous position of Medical Secretary was upgraded to Health
Services Assistant after she vacated the position, despite numerous requests for an upgrade while
she was in the position of Medical Secretary.

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.
0520180561

2
Complainant initially requested a hearing, but subsequently withdrew her request. 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. The prior decision found that
the Agency articulated legitimate nondiscriminatory reasons for its actions. With respect to claim
1, the decision noted that after Complainant started her new position, the Personnel Office could
not find documentation that the previous employee in the position was on a CWS, and her
supervisor took action to get her CWS approved and she is now on that schedule. As to claim 2,
the decision found that Complainant did not establish a connection between her previous EEO
activity and the Agency’s actions. Additionally, Complainant did not apply for the Health
Services Assistant position.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision, raises questions about the investigation, and seeks to engage in discovery. However,
Complainant withdrew her hearing request, where she could have pursued such matters. 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. 0120171066 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.
0520180561 3
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 26, 2018
Date