Towanda B.,1 Complainant,v.Carolyn W. Colvin, Acting Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity CommissionApr 15, 2016
0520160120 (E.E.O.C. Apr. 15, 2016)

0520160120

04-15-2016

Towanda B.,1 Complainant, v. Carolyn W. Colvin, Acting Commissioner, Social Security Administration, Agency.


U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

Towanda B.,1

Complainant,

v.

Carolyn W. Colvin,

Acting Commissioner,

Social Security Administration,

Agency.

Request No. 0520160120

Appeal No. 0120133276

Hearing No. 531-2012-00011X

Agency No. HQ100863SSA

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120133276 (November 24, 2015). 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 Information Technology Specialist at the Agency's facility in Woodlawn, Maryland. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (Black), disability (heart disease), age, and reprisal when:

(a) On April 12, 2011, Complainant's first line supervisor, S1, placed Complainant on a Performance Assistant Plan (PAP) for 30 days;

(b) On December 2, 2010, S1 directed Complainant to ask for permission before she left her work area for more than 15 minutes;

(c) On November 24, 2010, management allowed an acting Branch Chief (S3), to send Complainant an email stating, "next time if you aren't sure if you are coming in or not, please let your team lead branch chief know when you arrive so we can notify the mailbox that you are available";

(d) On August 17, 2010, S1 allegedly criticized Complainant's work productivity when she worked credit hours;

(e) On August 17, 2010, Complainant's second level supervisor, S2, informed Complainant that she would not be receiving a performance award;

(f) On July 2, 2010, a coworker informed Complainant that management told the coworker that she should not ask Complainant for assistance on time and attendance work;

(g) On July 1, 2010, S2 did not issue Complainant a performance award;

(h) On June 29, 2010, the management assistant would not discuss with Complainant a problem Complainant was having with her time and leave;

(i) One June 29, 2010, management questioned Complainant's ability to complete her job functions; and

(j) On June 4, 2010, management denied Complainant's request for advanced sick leave.

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 unlawful retaliation claims.

In her request for reconsideration, Complainant expresses her disagreement with the previous decision and presents some of the same arguments she raised on appeal. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEOC's Management Directive (MD)-110, Ch. 9, � VII.A (August 2015). 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. 0120133276 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

April 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.

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