Kelsie T., Complainant,v.Ryan K. Zinke, Secretary, Department of the Interior (Fish and Wildlife Service), Agency.

Equal Employment Opportunity Commission

Aug 8, 2017

0520170363 (E.E.O.C. Aug. 8, 2017)

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