Arica C.,1 Complainant,v.Matthew G. Whitaker, Acting Attorney General, Department of Justice, Agency.Download PDFEqual Employment Opportunity CommissionMar 15, 20192019000735 (E.E.O.C. Mar. 15, 2019) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Arica C.,1 Complainant, v. Matthew G. Whitaker, Acting Attorney General, Department of Justice, Agency. Request No. 2019000735 Appeal No. 0120182501 Agency No. OBD-2018-00075 DECISION ON REQUEST FOR RECONSIDERATION The Agency requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120182501 (October 11, 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). In her underlying complaint, Complainant alleged that the Agency discriminated against her and subjected her to ongoing harassment (sexual and non-sexual) and a hostile work environment based on race (African American), sex (female), religion (Christian), and reprisal (current and prior EEO activity in 2016 and 2017) when: 1. From August 2016, to the present, unidentified Security Personnel and Law Enforcement stalked her and tampered with her assigned work-related electronic equipment (i.e., desktop computer, office phone, and printer), resulting in blocking the use of her PIV card; denied her access to her desktop computer and her Agency account; disabled 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. 2019000735 2 essential computer software and applications that she uses to accomplish her daily tasks; prevented printing from her desktop computer; and blocked her from talking on her phone. 2. From August 2016, to the present, unidentified Law Enforcement subjected her to stalking and surrounded her in department stores, grocery stores, shopping malls, women’s clothing and lingerie departments, and upon entering and exiting women’s dressing rooms. 3. On December 13, 2017, and continuing to the present, unidentified Security Personnel have been tampering and interfering with her personal life and her various electronic devices (i.e., personal mobile phone, personal computer, internet speed, and Gmail account). 4. On April 6, 2018, unidentified Security Personnel interfered with her personal mobile phone and electronic receptions to her family conference Bible study line, including her involvement with other ministries. Complainant alleged that some of these incidents occurred during business hours and at work. On May 7, 2018, the Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim. On appeal, the Commission reversed the Agency’s decision, concluding that Complainant alleged an injury or harm to a term, condition, or privilege of employment for which there is a remedy. In its request for reconsideration, the Agency reiterates its contentions made and fully considered on appeal regarding grounds for the dismissal. The Agency also argued reconsideration should be granted with regards to the timeliness of Complainant’s original appeal. In her appeal filed July 11, 2018, Complainant argued she filed her appeal after a mediation with the Agency scheduled for June 11, 2018, did not reach a resolution. Complainant’s confusion, not rebutted in the prior appeal by the Agency, is sufficient under the circumstances to consider the appeal timely. The Agency made no argument in the prior appeal regarding timeliness of the appeal. We find no error in the prior decision finding the appeal timely. Accordingly, 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. 0120182501 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. The Agency shall comply with the Order herein. ORDER (E0618) The Agency is ordered to process the remanded claim in accordance with 29 C.F.R. §1614.108 et seq. The Agency shall acknowledge to the Complainant that it has received the remanded claims within thirty (30) calendar days of the date this decision was issued. The Agency shall issue to Complainant a copy of the investigative file and also shall notify Complainant of the appropriate rights within one hundred fifty (150) calendar days of the date this decision was 2019000735 3 issued, unless the matter is otherwise resolved prior to that time. If the Complainant requests a final decision without a hearing, the Agency shall issue a final decision within sixty (60) days of receipt of Complainant's request. As provided in the statement entitled “Implementation of the Commission's Decision,” the Agency must send to the Compliance Officer; 1) a copy of the Agency's letter of acknowledgment to Complainant, 2) a copy of the Agency's notice that transmits the investigative file and notice of rights, and 3) either a copy of the complainant's request for a hearing, a copy of complainant's request for a FAD, or a statement from the agency that it did not receive a response from complainant by the end of the election period. IMPLEMENTATION OF THE COMMISSION’S DECISION (K0618) Under 29 C.F.R. § 1614.405(c) and § 1614.502, compliance with the Commission’s corrective action is mandatory. Within seven (7) calendar days of the completion of each ordered corrective action, the Agency shall submit via the Federal Sector EEO Portal (FedSEP) supporting documents in the digital format required by the Commission, referencing the compliance docket number under which compliance was being monitored. Once all compliance is complete, the Agency shall submit via FedSEP a final compliance report in the digital format required by the Commission. See 29 C.F.R. § 1614.403(g). The Agency’s final report must contain supporting documentation when previously not uploaded, and the Agency must send a copy of all submissions to the Complainant and his/her representative. If the Agency does not comply with the Commission’s order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. § 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission’s order prior to or following an administrative petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled “Right to File a Civil Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. § 1614.409. COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (R0610) This is a decision requiring the Agency to continue its administrative processing of your complaint. However, if you wish to file a civil action, you have the right to file such action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. In the alternative, you may file a civil action after one hundred and eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your appeal with the Commission. 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 2019000735 4 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. Filing a civil action will terminate the administrative processing of your complaint. 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 March 15, 2019 Date Copy with citationCopy as parenthetical citation