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

Equal Employment Opportunity Commission

Mar 5, 2021

Appeal No. 0120171621 (E.E.O.C. Mar. 5, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Leila G.,1 Complainant, v. Thomas J. Vilsack, Secretary, Department of Agriculture, Agency. Request No. 2020005272 Appeal No. 0120171621 Hearing No. 570-2014-00706X & 570-2015-00294X Agency No. FAS-2014-00535 & FAS-2013-00762 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120171621 (August 6, 2020). 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). Complainant worked as an International Trade Specialist at the Agency’s Office of Agreements and Scientific Affairs (OASA) in Washington, D.C. Complainant filed an EEO complaint alleging she was discriminated against and subjected to harassment on the bases of race (African American), color (light-colored complexion), age, and/or reprisal when: (1) on May 28, 2013, she was returned to her official position in OASA, after her temporary detail assignment in Office of the Chief Operating Officer was not extended or switched to a permanent reassignment; and (2) since an unspecified date, her official personnel file has been incomplete. 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. 2020005272 2 Complainant filed a second complaint alleging discrimination on the same bases when: (3) on February 28, 2014, she was not selected for a detail position in OASA. The two complaints were consolidated by an EEOC Administrative Judge, but Complainant later withdrew her hearing request. The complaints were remanded for issuance of a final decision by the Agency based on the evidence developed during the investigation into the complaints. Our prior appellate decision affirmed the Agency’s final decision that concluded that Complainant failed to prove that the Agency subjected her to discrimination or unlawful retaliation as alleged. In her request for reconsideration, Complainant expresses her disagreement with the previous decision, and reiterates some of her arguments made on appeal, and continues to argue that the Agency should be sanctioned for its delays. These arguments were addressed in the prior decision. 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. 0120171621 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. 2020005272 3 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 March 5, 2021 Date