Brittney B.,1 Complainant,v.Michael R. Pompeo, Secretary, Department of State, Agency.

Equal Employment Opportunity Commission

Jun 12, 2019

2019001358 (E.E.O.C. Jun. 12, 2019)

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

Brittney B.,1
Complainant,

v.

Michael R. Pompeo,
Secretary,
Department of State,
Agency.

Request No. 2019001358

Appeal No. 0120182167

Hearing No. 570-2015-00229X

Agency No. DOS009114

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120182167 (September 19, 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).

Complainant was employed by the Agency as a Culture Instructor at the Agency’s Foreign
Language Institute, School of Language Studies in Rosslyn, Virginia. Complainant filed an EEO
complaint alleging she was discriminated against on the bases of race (Chinese), national origin
(Asian), genetic information, and reprisal when: (1) on November 20, 2013, her request to take
leave was denied; (2) on December 30, 2013, she was denied the opportunity to serve as program
coordinator; (3) on December 30, 2013, she was denied the opportunity to take development
assignments; (4) she was subjected to a hostile work environment, characterized by, but not

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.
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limited to, inappropriate comments, micromanagement, and requests for documentation not
required of others; (5) in or around July 2016, the Associate Dean at the Agency’s School of
Language Studies denied Complainant a detail opportunity, and (6) Complainant was denied
New (Executive) Leadership training in or around August 2016.

The Agency investigated the complaint, and Complainant requested a hearing. A hearing was
held. Thereafter, the EEOC Administrative Judge (AJ) issued a lengthy decision in favor of the
Agency, finding that Complainant failed to prove discrimination as alleged.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision, stating she filed her previous appeal before she reviewed the hearing transcript.
Complainant then presents arguments relating to the reliability of witnesses and the conduct of
the AJ We emphasize that a request for reconsideration is not a second appeal to the
Commission. See EEO MD-110, Ch. 9, § VII.A. Rather, a reconsideration request is an
opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation
of material fact or law, or will have a substantial impact on the policies, practices, or operations
of the Agency. Complainant has not done so here.

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. 0120182167 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.
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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

June 12, 2019
Date