Brittney B.,1 Complainant,v.Michael R. Pompeo, Secretary, Department of State, Agency.Download PDFEqual Employment Opportunity CommissionJun 12, 20192019001358 (E.E.O.C. Jun. 12, 2019) Copy Citation 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. 2019001358 2 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. 2019001358 3 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 Copy with citationCopy as parenthetical citation