U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Arleen L.,1
Complainant,
v.
Kevin McAleenan,
Acting Secretary,
Department of Homeland Security
(Federal Emergency Management Agency),
Agency.
Request No. 2019002555
Appeal No. 0120171697
Hearing No. 550-2011-00391X
Agency No. HS10FEMA00180
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120171697 (March 9, 2019). 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).
Complainant worked as a Physical Scientist, GS-1301-13, at the Agency’s Region X facility in
Bothell, Washington. Complainant filed an EEO complaint, which she later amended, alleging
that the Agency discriminated against her on the bases of sex (female) and reprisal when: (1) on
May 6, 2010, via an all-hands email, she learned that she was not selected for a Supervisory
Technology Hazards Program Specialist position; and (2) in February 2011, management denied
her request for advanced sick leave.
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.
20190025552
Our prior appellate decision affirmed the Equal Employment Opportunity Commission
Administrative Judge’s (AJ) decision by summary judgment which found in favor of the Agency,
concluding Complainant failed to prove her discrimination claims. In his decision, the AJ found
that Complainant failed to produce evidence that the Agency’s proffered legitimate reasons for
its actions were a pretext for discrimination.
In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and makes many arguments she has made before. 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. 0120171697 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.
20190025553
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
July 2, 2019
Date
