0520170189
04-19-2017
Larraine D.,1 Complainant, v. Robert M. Speer, Acting Secretary, Department of the Army, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Larraine D.,1
Complainant,
v.
Robert M. Speer,
Acting Secretary,
Department of the Army,
Agency.
Request No. 0520170189
Appeal No. 0120142909
Hearing Nos. 430-2012-00115X
430-2012-00116X
Agency Nos. ARARL10JUL03383
ARARL11JAN00428
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120142909 (January 4, 2017). 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).
Complainant worked as an Administrative Support Assistant, DK-0303-02, with the Army Research Office, in Research Triangle Park, North Carolina. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (African American), color (black) disability, and reprisal when: (1) on June 3, 2010, she became aware that her supervisor (S1) gave a negative job reference to the selecting official for a secretarial position for which she applied; (2) on October 23, 2009, she was not selected for a secretarial position (vacancy number NEAC09587932); (3) on December 13, 2010, S1 and the Operations Manager failed to accurately recognize her accomplishments during the 2010 performance year which resulted in her not receiving an appropriate performance-related payout; and (4) on December 13, 2010, during a counseling session, S1 inferred that Complainant should not apply for positions within the Agency and suggested that she take a budget class and apply for outside employment.
Complainant initially requested a hearing, but an Equal Employment Opportunity Commission Administrative Judge (AJ) dismissed the hearing request on grounds that Complainant failed to timely provide a pre-hearing report without showing good cause. The AJ also affirmed the dismissal of several claims. The complaint was remanded to the Agency for issuance of a final decision.
Our prior appellate decision affirmed the Agency's final decision that concluded that Complainant failed to prove that the Agency subjected her to discrimination as alleged, as well as the AJ's partial dismissal of several claims.
In her request for reconsideration, Complainant expresses her disagreement with the previous decision and reiterates arguments she has previously made. 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. 0120142909 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. 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
April 19, 2017
__________________
Date
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.
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