Kelsie T., Complainant,v.Ryan K. Zinke, Secretary, Department of the Interior (Fish and Wildlife Service), Agency.Download PDFEqual Employment Opportunity CommissionAug 8, 20170520170363 (E.E.O.C. Aug. 8, 2017) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Kelsie T., Complainant, v. Ryan K. Zinke, Secretary, Department of the Interior (Fish and Wildlife Service), Agency. Request Nos. 0520170361, 0520170362, 0520170363 Appeal Nos. 0120150409, 0120151505, 0120161184 Agency Nos. FWS130218, FWS130302, FWS140025, FWS140158, FWS140400 DECISION ON REQUEST FOR RECONSIDERATION Complainant filed three requests for reconsideration from the consolidated decision in EEOC Appeal Nos. 0120150409, 0120151505, 0120161184 (April 13, 2017). For the purposes of clarity and efficiency, we issue this consolidated decision on the three pending requests for reconsideration. 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 five underlying complaints, Complainant alleged that the Agency subjected her to a hostile work environment and discrimination on the bases of race (African-American) and in reprisal for prior protected EEO activity. She cited 30 incidents to support her claims which were set forth in the Commission’s consolidated decision.2 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. 2 The Agency did not accept or investigate her claim that she was harassed by her second level supervisor, who was named as a responsible management official in a prior EEO complaint. The Agency did not view the mater as an EEO matter. The Agency’s EEO Officer and headquarters 0520170361, 0520170362, 0520170363 2 The Agency dismissed one claim in Agency Case No. FWS130302 which alleged that management failed to reclassify her position description on the grounds it raised the same claim that was already decided by the Agency or Commission. After consolidating two of the complaints and at the conclusion of the investigation of the accepted claims, the Agency provided Complainant with a copy of the reports of investigation and notice of her right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ). In accordance with Complainant’s request, the Agency issued final decisions without a hearing. The Agency found no discrimination. Complainant appealed the Agency’s final decisions to the Commission under three separate appeals. The Commission issued a consolidated decision on the appeals. In the decision, the Commission noted Complainant did not challenge the dismissal of her claim that the Agency discriminated against her when it refused to reclassify her position description, and thus, did not address that as a separate claim. The Commission affirmed the Agency’s finding of no discrimination on the remaining claims. After reviewing the previous decision and the entire record, the Commission finds that the requests fail to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the Commission to deny the requests. The decision in EEOC Appeal Nos. 0120150409, 0120151505, 0120161184 remains the Commission's decision. We note that in her requests Complainant discusses incidences of alleged discrimination that occurred between 2015 and 2017, which were not part of the above referenced complaints. Thus, we do not consider those incidences of alleged discrimination in the present case. To the extent Complainant wishes to pursue additional claims of discrimination, she should initiate contact with an EEO Counselor on these matters, if she has not previously done so. We do not address whether such contact would be considered timely. There is no further right of administrative appeal on the decision of the Commission on these requests. 20TCOMPLAINANT’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. EEO Manager both reviewed Complainant’s allegations and found that “the claims did not allege discrimination and should be handled by HR related processes.” 0520170361, 0520170362, 0520170363 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 August 8, 2017 Date Copy with citationCopy as parenthetical citation