Brittney B.,1 Complainant,v.Jacob J. Lew, Secretary, Department of the Treasury (Internal Revenue Service), Agency.

Equal Employment Opportunity Commission

Oct 2, 2015

05-2015-0327-0500 (E.E.O.C. Oct. 2, 2015)

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

Brittney B.,1
Complainant,

v.

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

Request Nos. 0520150317, 0520150327

Appeal Nos. 0120143110, 0120143111

Agency Nos. IRS-13-0567-F, IRS-13-0371-F

DECISION ON REQUEST FOR RECONSIDERATION

Complainant filed two requests for reconsideration of the decision in Complainant v.
Department of the Treasury, EEOC Appeal Nos. 0120143110, 0120143111 (March 10, 2015).
We exercise our discretion to consolidate the two requests for reconsideration for joint
processing, pursuant to 29 C.F.R. § 1614.606. 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 that the Agency subjected her to
discrimination on the bases of disability, parental status, and in reprisal for prior protected
EEO activity under Title VII and the Rehabilitation Act when:

1. On November 2, 2012, Complainant was removed from her position as Tax
Examiner.

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.
0520150317, 0520150327

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2. On unspecified dates, Complainant was denied awards and pay including overtime.
3. On unspecified dates. Complainant received unfair evaluations and appraisals.
4. On unspecified dates, Complainant was harassed and subjected to disciplinary
actions by being charged absence without official leave (AWOL), suspension, and
other time and attendance issues.

The record reveals that Complainant submitted her first request for an extension of time to file
a brief in support of her appeal on October 1, 2014. The Commission granted that request and
gave Complainant until November 3, 2014 to file her brief. Thereafter, Complainant
requested a second extension request to file a brief in support of her appeal on October 30,
2014. The Commission granted the second request and gave Complainant until December 12,
2014, to file her brief. Complainant never filed a brief in support of her appeal.

In our previous decision, the Commission affirmed the Agency’s finding of no discrimination
and no hostile work environment based on Complainant’s disability and reprisal. The
Commission also affirmed the Agency’s dismissal of Complainant’s claim of discrimination
based on parental status for failure to state a claim.

In her request for reconsideration, Complainant claims that on December 11, 2014, she
requested a third extension request to file a statement in support of her appeal, which was not
granted or denied. Complainant argues that because the Commission issued is initial decision
without responding to her December 11, 2014 extension request, her request for
reconsideration should be granted. The record reveals that the Commission did grant
Complainant two extension requests; however, the Commission never granted Complainant a
third extension of time to submit her brief. 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 Nos. 0120143110 and 0120143111 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.

0520150317, 0520150327

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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

October 2, 2015
Date