Dortha G.,1 Complainant,v.Jeff Sessions, Attorney General, Department of Justice (Bureau of Alcohol, Tobacco, Firearms & Explosives), Agency.

Equal Employment Opportunity Commission

Mar 3, 2017

0520170055 (E.E.O.C. Mar. 3, 2017)

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

Dortha G.,1
Complainant,

v.

Jeff Sessions,
Attorney General,
Department of Justice
(Bureau of Alcohol, Tobacco, Firearms & Explosives),
Agency.

Request No. 0520170055

Appeal No. 0120141967

Agency No. ATF-2012-00172

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120141967 (September 21, 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 that the Agency subjected her to unlawful
discrimination on the bases of her race, sex, and in reprisal for prior protected EEO activity
when: 1) on September 29, 2011, she was issued a Letter of Caution; and 2) from March
through September 2011, she was denied job benefits and opportunities because of a pending
investigation. The Agency accepted allegation 1 for investigation, but dismissed allegation 2
for failure to state a claim.

Following an investigation, at Complainant’s request, the matter was assigned to an Equal
Employment Opportunity Commission Administrative Judge (AJ). The AJ issued a decision

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.
0520170055

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without a hearing, finding that Complainant had failed to establish a prima facie case of
discrimination. In its final order, the Agency fully implemented the AJ’s decision. On appeal,
addressing the merits of both claims,2 the Commission found that Complainant had failed to
prove discrimination because the Agency articulated a legitimate, nondiscriminatory reason for
the Agency’s action that Complainant had failed to show to be a pretext designed to conceal
discriminatory animus.

In her request for reconsideration, Complainant reiterates the arguments she raised on appeal.
The Commission notes that a request for reconsideration is not a second appeal to the
Commission. EEO MD-110, at 9-18; see, e.g., Lopez v. Dep't of Agric., EEOC Request No.
0520070736 (Aug. 20, 2007). 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. We find that Complainant’s arguments do not 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. Accordingly, we find that
Complainant has failed to demonstrate that the Commission should reconsider its appellate
decision.

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. 0120141967 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

2 The Commission found that the Agency erred in dismissing Claim 2 of the complaint but
determined that the record had been sufficiently developed to permit it to address the merits of
the claim on appeal.
0520170055

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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

March 3, 2017
Date