0520180192
04-19-2018
Sharon R,1 Complainant, v. Dr. Mark T. Esper, Secretary, Department of the Army, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Sharon R,1
Complainant,
v.
Dr. Mark T. Esper,
Secretary,
Department of the Army,
Agency.
Request No. 0520180192
Appeal No. 0120150838
Agency No. ARPOLK12JUL02914
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120150838 (December 12, 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).
Complainant was a Child Youth Program Assistant at the Child Development Center at Ft. Polk, Louisiana. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of national origin (German), disability, age, and reprisal when (1) on May 8, 2012, her supervisor issued her an annual performance appraisal with an overall rating of "Satisfactory" in her employment with the Directorate of Family, Morale, Welfare, and Recreation; (2) from June 12, 2012, to July 19, 2012, her supervisor harassed and subjected her to a hostile work environment and her co-worker removed German language posters from the classroom walls and caused lesson plans to only be in English and Spanish; (3) from July 16-27, 2012, her supervisor scheduled her for fewer hours and later shifts than a Hispanic co-worker; (4) on August 6, 2012, she was reassigned from room 120 to room 118 of the Child Development Center; and (5), on October 25, 2012, she was harassed when the Faculty Director called her slow. Complainant raised two other claims that were dismissed for untimely EEO counselor contact.
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 reiterates some of her arguments made on appeal. She presented over 300 pages of documents. 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. 0120150838 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
April 19, 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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