Terica R.,1 Complainant,v.Sonny Perdue, Secretary, Department of Agriculture (Agricultural Marketing Service), Agency.

Equal Employment Opportunity Commission

Feb 2, 2018

0520170596 (E.E.O.C. Feb. 2, 2018)

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

Terica R.,1
Complainant,

v.

Sonny Perdue,
Secretary,
Department of Agriculture
(Agricultural Marketing Service),
Agency.

Request No. 0520170596

Appeal No. 0120170308

Agency No. AMS-2015-00416

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120170308 (July 5, 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).

In her underlying complaint, Complainant alleged that the Agency subjected her to unlawful
discrimination in reprisal for prior protected EEO activity when:

1) on April 7, 2015, her primary laptop was confiscated;
2) on several dates, she was subjected to various acts of harassment, including: a) on
November 20, 2014, and December 17, 18, and 30, 2014, personnel from the Technology

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.
0520170596

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Service Branch (TSB) requested her user identification and password to service her
computer and informed her that she could not change the password;
b) on January 6, 2015, she learned her archived/saved electronic emails have been
destroyed or deleted;
c) on February 6, 20, and 23, 2015, TSB personnel refused her requests for computer
support;
d) on February 6, 2015, she was advised by the TSB Chief that the Branch would no
longer support her personal storage; and
e) on an unspecified date, an AMS employee instructed her co-workers to not mention
her name without an attorney being present.

Following an investigation, the matter was assigned to an EEOC Administrative Judge (AJ) for a
hearing. The AJ granted the Agency’s Motion for Summary Judgment. In its final order, the
Agency fully implemented the AJ’s decision. On appeal, the Commission affirmed the Agency’s
final order, finding that Complainant failed to identify a genuine issue of material fact requiring a
hearing.

Complainant has not submitted any documentation or arguments supporting her request for
reconsideration. Our review of the record does not indicate 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. Accordingly, we find that Complainant has
failed to demonstrate that the Commission should reconsider its appellate decision.

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. 0120170308 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.

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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

February 2, 2018____
Date