0520180154
04-05-2018
Sherrie M,1 Complainant, v. Steven T. Mnuchin, Secretary, Department of the Treasury (Bureau of Engraving and Printing), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Sherrie M,1
Complainant,
v.
Steven T. Mnuchin,
Secretary,
Department of the Treasury
(Bureau of Engraving and Printing),
Agency.
Request No. 0520180154
Appeal No. 0120160561
Hearing No. 570-2014-00388X
Agency No. BEP130469F
DECISION ON REQUEST FOR RECONSIDERATION
The Agency timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120160561 (November 16, 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 worked as a Program Analyst within the Agency's Human Resources and Office of Fiscal Management in Washington, D.C. Complainant filed an EEO complaint alleging that she was discriminated against on the bases of race (African American), sex (female), disability, and age when (1) management failed to correct her Service Computation Date (SCD) and her past cost of living raises; and (2) the Chief of Human Resources disclosed her medical information.
After an investigation, Complainant timely requested a hearing. Thereafter the EEOC Administrative Judge dismissed claim 1 on the basis that it was initiated by untimely EEO counselor contact, and was moot. The AJ dismissed claim 2 on the grounds that it failed to state a claim because the matters were within the purview of the Privacy Act, Freedom of Information Act; and the Health Insurance Portability and Accountability Act, not the EEO process.
Our previous decision found that claim 1 was improperly dismissed because Complainant alleged that errors in her pay were ongoing beyond the date of the initial counselor contact and had not been rectified by the Agency. The decision found that the matter was not moot. The prior decision also found that claim 2 stated a claim under the Rehabilitation Act. The decision reversed the dismissal of the complaint and remanded the matter to the AJ for a hearing.
In its request for reconsideration, the Agency states it was not aware that there was an appeal filed with the Commission and it only learned of the matter when it received the decision. We note that we received the complaint and hearing files from the Agency after the appeal was filed. Thus, we are not convinced by the Agency's argument on this point.
The Agency points to the second paragraph in the Order and notes that it is unrelated to the complaint herein. We agree. Accordingly, we are reissuing the Order as set forth below.
After reconsidering the previous decision and the entire record, the Commission finds that the request meets the criteria of 29 C.F.R. � 1614.405(c) regarding the language of the Order and it is the decision of the Commission to grant the request. The decision of the Commission in Appeal No. 0120160561 is modified as set forth below. There is no further right of administrative appeal on the decision of the Commission on a Request to Reconsider.
ORDER
The complaint is remanded to the hearings unit of the Commission's Washington Field Office for continued processing. Within fifteen (15) calendar days of the date this decision was issued, the Agency shall submit a copy of this decision and, if necessary, the complaint file to the hearings unit of the Washington Field Office. The Agency shall provide written notification to the Compliance Officer at the address set forth below that the complaint file has been transmitted to the hearings unit or that the hearings unit has retained copies of the complaint file that was previously transmitted.
.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0617)
Compliance with the Commission's corrective action is mandatory. The Agency shall submit its compliance report within thirty (30) calendar days of the completion of all ordered corrective action. The report shall be in the digital format required by the Commission, and submitted via the Federal Sector EEO Portal (FedSEP). See 29 C.F.R. � 1614.403(g). The Agency's report must contain supporting documentation, and the Agency must send a copy of all submissions to the Complainant. If the Agency does not comply with the Commission's order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. � 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission's order prior to or following an administrative petition for enforcement. See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled "Right to File a Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. � 1614.409.
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 5, 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.
---------------
------------------------------------------------------------
---------------
------------------------------------------------------------
4
0520180154