[Redacted], Donita B., 1 Complainant,v.Thomas J. Vilsack, Secretary, Department of Agriculture, Agency.

Equal Employment Opportunity Commission

Jan 31, 2023

Appeal No. 2021003485 (E.E.O.C. Jan. 31, 2023)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Donita B.,1 Complainant, v. Thomas J. Vilsack, Secretary, Department of Agriculture, Agency. Request No. 2022003649 Appeal No. 2021003485 Hearing No. 570-2020-01168X Agency No. FAS-2019-00346 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2021003485 (May 18, 2022). 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). At the time of events giving rise to this complaint, Complainant worked as an International Trade Specialist at the Agency’s Foreign Agricultural Service in Washington, D.C. On March 25, 2019, Complainant filed a formal equal employment opportunity (EEO) complaint alleging that the Agency discriminated against her on the bases of race (African American/Black), color (light complexion), sex (female) age (born 1969), and reprisal for prior protected EEO activity when: 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. 2022003649 2 1. on October 31, 2019, management issued her a “Minimally Satisfactory” performance rating on her Fiscal Year 2019 performance evaluation; 2. on October 7, 2019, management issued her a 14-day Suspension, effective October 13, 2019 through October 26, 2019; 3. on June 7, 2019, management failed to approve her training request; and 4. on October 30, 2018, management issued her a “Minimally Successful” performance rating on her Fiscal Year 2018 performance evaluation. Following an EEO investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). On April 21, 2021, following the Agency’s motion for a decision without a hearing, the assigned AJ issued a summary judgment decision in favor of the Agency. The Agency issued its final order adopting the AJ’s finding that Complainant failed to prove discrimination as alleged. Complainant filed an appeal with this Commission, which was docketed as EEOC Appeal No. 2021003485. On May 18, 2022, the Commission issued a decision in Appeal No. 2021003485, concluding that the preponderance of the evidence did not establish that Complainant was discriminated against by the Agency as alleged. The instant request for reconsideration from Complainant followed. In the instant request, Complainant provides arguments which either were made, or could have been made, below. A request for reconsideration is not a second appeal to the Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); 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. 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. 2021003485 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2022003649 3 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 January 31, 2023 Date