Tamara G.,1 Complainant,v.Jeh Johnson, Secretary, Department of Homeland Security (Immigration and Customs Enforcement), Agency.

Equal Employment Opportunity Commission

Dec 15, 2016

0520170009 (E.E.O.C. Dec. 15, 2016)

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

Tamara G.,1
Complainant,

v.

Jeh Johnson,
Secretary,
Department of Homeland Security
(Immigration and Customs Enforcement),
Agency.

Request No. 0520170009

Appeal No. 0120162170

Agency No. HS-ICE-24704-2015

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120162170
(September 1, 2016). EEOC Regulations provide that the Commission may, in its discretion,
grant a request to reconsider any previous Commission decision 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).

In her underlying complaint, Complainant alleged that the Agency subjected her to unlawful
race, sex, religion, disability, age, and reprisal discrimination when: (1) from October 19,
2005 through March 30, 2009, management assigned her work which caused injury to her
shoulders; (2) on January 4, 2008, she was not selected for the position of Mission Support
Specialist; (3) on January 4, 2008, she was not selected for the position of Import Specialist;
(4) on January 28, 2008, she overheard her coworkers discussing her medical information; (5)
on February 6, 2008, management charged her absent without leave for being one hour late;
(6) on February 28, 2008, she was not selected for the position of Mission Support Specialist;
(7) in June 2008, her supervisor informed her that she was being terminated from her position,

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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but was instead placed in leave without pay status until July 31, 2012; (8) in August 2008, a
male coworker grabbed her arm and pulled her toward him in a sexual manner; and (9) on
August 1, 2012, she was forced to take disability retirement. In its final decision, the Agency
dismissed the complaint, pursuant to 29 C.F.R. § 1614.107(a)(2), for untimely EEO counselor
contact. On appeal, the Commission affirmed the Agency’s dismissal finding that Complainant
failed to present any persuasive arguments or evidence warranting an extension of the time
limit for initiating EEO counselor contact.

In her request for reconsideration, Complainant again argues that she was subjected to
unlawful discrimination but does not proffer any arguments addressing her untimely EEO
counselor contact. Accordingly, 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. 0120162170 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
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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

December 15, 2016
Date