Brittney B.,1 Complainant,v.Jacob J. Lew, Secretary, Department of the Treasury (Internal Revenue Service), Agency.Download PDFEqual Employment Opportunity CommissionOct 2, 201505-2015-0327-0500 (E.E.O.C. Oct. 2, 2015) Copy Citation 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 2 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 3 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 Copy with citationCopy as parenthetical citation