Karen H.,1 Complainant,v.Richard V. Spencer, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

Sep 29, 2020

2020003090 (E.E.O.C. Sep. 29, 2020)

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

Karen H.,1
Complainant,

v.

Richard V. Spencer,
Secretary,
Department of the Navy,
Agency.

Request No. 2020003090

Appeal No. 2019002208

Hearing No. 570-2016-01205X

Agency No. 156785402450

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2019002208 (January 9, 2020). 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 Supervisory Logistics Management Specialist,
NH-0346-04, in the Publication Section, Marine Corps Systems Command in Albany, Georgia.
Complainant filed an EEO complaint alleging she was discriminated against on the bases of race
(African American), sex (female), and age, raising eight claims. Her allegations include, but were
not limited to, ongoing incidents where she was given unrealistic and unreasonable deadlines,
inferences that her team should be disbanded, leave issues, having meetings cancelled, comments

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.
2020003090

2
on her mid-year performance review, credit time, a Letter of Supervisory Concern, and having her
authority impeded.

Our prior appellate decision affirmed the Equal Employment Opportunity Commission
Administrative Judge’s (AJ) decision by summary judgment which found in favor of the Agency,
concluding Complainant failed to prove her discrimination claims. In the decision, the AJ found
that some claims were untimely raised, and that Complainant failed to produce evidence that the
Agency’s reasons for its actions were a pretext for discrimination. Further, the AJ found that
Complainant’s hostile work environment claims were not severe nor pervasive enough to establish
a violation of Title VII or the ADEA.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and makes arguments that she previously made on appeal. 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. 2019002208 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.
2020003090

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

September 29, 2020
Date