0520180446
09-14-2018
Simona Y. McCowan,1 Complainant, v. Jeff B. Sessions, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Simona Y. McCowan,1
Complainant,
v.
Jeff B. Sessions,
Attorney General,
Department of Justice
(Federal Bureau of Prisons),
Agency.
Request No. 0520180446
Appeal No. 0120160255
Hearing No. 460-2012-00118X
Agency No. P201301045
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120160255 (April 24, 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 Correctional Officer, GS-7, at the Agency's Federal Correction Center in Beaumont, Texas. Complainant filed an EEO complaint alleging that she was discriminated against on the basis of reprisal when: (1) on August 28, 2011, she was issued a Letter of Counseling by her supervisor (S1) for challenging her (S1) before the chain of command; (2) on August 31, 2011, she submitted a request for official time, but it was not approved until September 2011; (3) in September 2011, her quarterly performance log entries were lowered without justification; and (4) on September 19, 2011, a reference check for a Case Manager position was given by the Complex Captain.
Complainant requested a hearing. After a hearing, the EEOC Administrative Judge issued a bench decision finding that Complainant did not demonstrate that she was subjected to reprisal as alleged. The AJ found that management witnesses articulated legitimate, non-discriminatory reasons for its actions, which Complainant failed to prove were pretext masking retaliatory animus. Our prior decision affirmed that Agency's decision which adopted the AJ's findings.
In her request for reconsideration, Complainant expresses her disagreement with the previous decision. 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. 0120160255 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 14, 2018
__________________
Date
1 While in her original appeal, the decision was issued under a randomly assigned pseudonym when published to non-parties and the Commission's website, in her request for reconsideration, Complainant requests that only her real name be used. We have granted her request.
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