0520180441
09-14-2018
Vena H.,1 Complainant, v. Michael R. Pompeo, Secretary, Department of State, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Vena H.,1
Complainant,
v.
Michael R. Pompeo,
Secretary,
Department of State,
Agency.
Request No. 0520180441
Appeal No. 0120162217 & 0120162256
Hearing No. 570-2014-00951X & 570-2014-00426X
Agency Nos. DOS-F-076-12; DOS-F-0193-13; DOS-0213-15
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120162217 & 0120161156 (May 4, 2018). 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 was an Agency Eligible Family Member during her husband's tour in Naples, Italy. Complainant filed three EEO complaints. The first alleged discrimination on the basis of reprisal when: (1) the Agency did not create a suitable and good position for her and did not select her for an Extended Professional Associate Program position at the U.S. Consulate in Naples, Italy. She filed a second complaint alleging discrimination on the bases of sex (female) and reprisal when: (2) on May 22, 2013, her conditional offer of employment was terminated. Complainant filed a third EEO complaint alleging discrimination on the basis of reprisal when: (3) she was not selected for a Professional Associate - Political Position at the U.S. Embassy Copenhagen on April 6, 2015.
Complainant initially requested a hearing on complaints 1 and 2, but subsequently withdrew her requests. The Agency issued an FAD on complaints 1 and 2, and a separate FAD on complaint 3. Our prior appellate decision consolidated the complaints, and affirmed the Agency's final decisions that concluded that Complainant failed to prove that the Agency subjected her to discrimination or unlawful retaliation as alleged.
In her request for reconsideration, Complainant expresses her disagreement with the previous decision and argues the Commission did not consider her supplemental briefs. Complainant argues the Agency should be sanctioned for not properly investigating her complaints.
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. While she argues that the investigations into her complaints were inadequate, we note that she chose to withdraw her request for a hearing, where she would have had an opportunity to engage in discovery and present additional evidence to address what she perceived were the shortcomings in the record.
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. 0120162217 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 14, 2018
__________________
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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