[Redacted], Hedy B., 1 Complainant,v.Kilolo Kijakazi, Acting Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

May 24, 2022

Appeal No. 2020004134 (E.E.O.C. May. 24, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Hedy B.,1 Complainant, v. Kilolo Kijakazi, Acting Commissioner, Social Security Administration, Agency. Request No. 2022001487 Appeal No. 2020004134 Hearings Nos: 510-2018-00256X and 510-2019-00458X Agency Nos. ATL-18-0018-SSA ATL-18-0571-SSA ATL-19-0025-SSA DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020004134 (December 23, 2021). 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). During the relevant period, Complainant worked for the Agency as a Senior Case Technician in Tampa, Florida. Complainant filed the three formal EEO complaints in November 2017, May 2018, and January 2019, respectively, alleging discrimination based on disability and age, as 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 2022001487 well as unlawful retaliation for prior protected activity. In these complaint, Complainant claimed that Agency management charged her as Absent Without Leave; she incurred a $2,500 debt payable to the Agency; the Agency failed to provide her a reasonable accommodation; she was subjected to harassment regarding work assignments, was set up for conflict with colleagues, and Agency officials failed to consider disabilities when speaking to her; she received an Official Reprimand; the Agency failed to provide her with a reasonable accommodation regarding a reassignment request; and she was issued a Decision to Suspend. Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge. However, Complainant thereafter withdrew the hearing request, and the Agency issued a consolidated final decision, finding no discrimination or unlawful retaliation. On appeal, in EEOC Appeal No. 2020004134, the Commission affirmed the Agency’s final decision finding no discrimination and/or retaliation. In the instant request for reconsideration, we have carefully reviewed Complainant’s arguments. The matters raised in the instant request were either raised below, or could have been raised, during the initial appeal from the Agency’s final decisions. We emphasize that 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. 2020004134 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. 3 2022001487 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 May 24, 2022 Date