0520160461
09-15-2016
Torie A.,1 Complainant, v. Sally Jewell, Secretary, Department of the Interior (Bureau of Land Management), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Torie A.,1
Complainant,
v.
Sally Jewell,
Secretary,
Department of the Interior
(Bureau of Land Management),
Agency.
Request No. 0520160461
Appeal No. 0120140123
Hearing No. 451-2011-00306X
Agency No. BLM100068
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120140123 (July 15, 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).
At the time of events giving rise to the underlying complaint, Complainant worked as an Accounting Technician in the Agency's Las Cruces District Office in Las Cruces, New Mexico. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of national origin (Hispanic) and reprisal, raising 11 claims. The claims involved actions of her supervisor, including but not limited to, emails about the mail room door, a 14-day suspension, performance standards, and training a new employee.
Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge's decision by summary judgment in favor of the Agency, concluding Complainant failed to prove her discrimination claims.
For unexplained reasons, following the issuance of the appellate decision, the Agency issued a "Final Order," dated July 31, 2016, stating it was taking "final action" on the instant complaint and was implementing the appellate decision.2 The Agency's "Final Order" gave Complainant new appeal rights to the Commission. Complainant filed the instant "appeal" without comment. Given the confusion caused by the Agency's inadvertent error in issuing such a "Final Order" and giving Complainant new appeal rights, the matter was docketed as a request for reconsideration of the pervious decision.
As noted, Complainant did not raise any arguments. 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. 0120140123 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 15, 2016
__________________
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.
2 Our regulations only provide for the Agency to issue a final order following the issuance of a decision by an EEOC administrative judge, not an appellate decision of the Commission. See 29 C.F.R. � 1614.110(a).
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