Zonia C.,1 Complainant,v.Jacob Lew, Secretary, Department of the Treasury (Internal Revenue Service), Agency.

Equal Employment Opportunity Commission

Feb 11, 2016

0520160056 (E.E.O.C. Feb. 11, 2016)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Zonia C.,1
Complainant,

v.

Jacob Lew,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.

Request No. 0520160056
Appeal No. 0120133131
Agency No. IRS-12-0091-F

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120133131 (September 15, 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).

Complainant filed a complaint in which she alleged that the Agency had discriminated against
her on the basis of disability by failing to process her claim before the Office of Workers’
Compensation (OWCP) and by failing to provide her with a reasonable accommodation. In
our previous decision, we affirmed the Agency’s finding of no discrimination with respect to
either claim. With respect to the processing of her OWCP paperwork, we found that although
Complainant stated a viable discrimination claim, she failed to prove that her supervisor had
delayed the processing of her OWCP forms. We also found that the Agency had made a good
faith effort to Accommodate Complainant’s medical restrictions and had reassigned her when a
vacant position became available in December of 2011.
In her request for reconsideration, Complainant merely reiterates her belief that the Agency
failed to timely process her OWCP documents and reasonably accommodate her work
restrictions. We remind Complainant that a request for reconsideration is not a second appeal

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.
0520160056

2
to the Commission. Rather, a reconsideration request presents Complainant with an
opportunity to demonstrate that the previous appellate decision involved a clearly erroneous
interpretation of material fact or law, or that the decision will have a substantial impact on the
policies, practices, or operations of the Agency. Complainant merely reargues her appeal.

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. 0120150728 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 signatur
Carlton M. Hadden, Director
Office of Federal Operations

February 11, 2016
Date