Becky N.,1 Complainant,v.Eric K. Fanning, Secretary, Department of the Army, Agency.Download PDFEqual Employment Opportunity CommissionJun 23, 20160520160249 (E.E.O.C. Jun. 23, 2016) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Becky N.,1 Complainant, v. Eric K. Fanning, Secretary, Department of the Army, Agency. Request No. 0520160249 Appeal No. 0120160754 Agency No. ARFTLEAV15AUG02855 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested reconsideration of the decision in EEOC Appeal No. 0120160754 (March 1, 2016). 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). In her underlying complaint, Complainant alleged the Agency subjected her to harassment resulting in a hostile work environment and discrimination on the bases of race (Asian) and sex (female) when: 1. On July 29, 2015, she learned that the Director of the Army Management Staff College (AMSC) Intermediate Course, had paired her to teach the course with a coworker (“CW”) she previously had conflicts with throughout March and June 2014; 2. In April 2015, CW, apologized to the staff, individually, including Complainant, for speaking in an Asian accent while vacuuming in the office cubicles; 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. 0520160249 2 3. In April 2015, Complainant’s Senior Enterprise Talent Management (“STEM”) enrollment packet was delayed by six weeks, while CW’s enrollment packet into another program was processed without incident. Complainant and CW were the only instructors to submit advanced training packets for approval; 4. In November 2014, Complainant was not selected as an interim Intermediate Course (IC) Director in favor of a less experienced coworker. 5. On unknown dates, Complainant’s requests for CP32 funds were denied. In our previous decision, the Commission affirmed the Agency’s dismissal of claim (1) as moot. In finding claim (1) moot, the Commission found the Agency sufficiently demonstrated, and the record supported, that there is no reasonable expectation that the alleged scheduling violation will recur. The Commission also noted that Complainant did not request compensatory damages in her formal complaint. In addition, the Commission also affirmed the Agency’s dismissal of claims (2), (3), (4), and (5) for untimely EEO Counselor contact. 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. 0120160754 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 0520160249 3 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 June 23, 2016 Date Copy with citationCopy as parenthetical citation