Terica R.,1 Complainant,v.Sonny Perdue, Secretary, Department of Agriculture (Agricultural Marketing Service), Agency.Download PDFEqual Employment Opportunity CommissionFeb 2, 20180520170596 (E.E.O.C. Feb. 2, 2018) Copy Citation 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 2 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. 0520170596 3 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 Copy with citationCopy as parenthetical citation