[Redacted], Stormy M., 1 Complainant,v.Steven T. Mnuchin, Secretary, Department of the Treasury (Financial Management Service), Agency.

Equal Employment Opportunity Commission

Sep 3, 2020

Appeal No. 2019000168 (E.E.O.C. Sep. 3, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Stormy M.,1 Complainant, v. Steven T. Mnuchin, Secretary, Department of the Treasury (Financial Management Service), Agency. Request No. 2020001916 Appeal No. 2019000168 Agency No. IRS-17-0778-F DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019000168 (December 3, 2019). 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 Individual Taxpayer Advisory Specialist at the Agency’s Wage Investment division in Gulfport, Mississippi. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (African American) and disability when: 1. On unspecified dates in 2017, the Agency placed Complainant on leave without pay and deleted her from the Agency system, resulting in a denial of healthcare benefits; 2. After sewer spills in October and November 2017, the Agency failed to provide a reasonable accommodation; 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. 20200019162 3. In June 2017, she learned that TIFTA began an investigation, after a manager encouraged a customer to complain about her; and on November 7, 2017, Complainant learned that TIGTA referred the results of the investigation to the Agency for potential action; and 4. In 2013, and unidentified individual complained to Complainant’s supervisor regarding her behavior; in 2013, Complainant and a Taxpayer Advocate had a disagreement; in 2012, and unnamed taxpayer complained about Complainant; and in 2011 Complainant was blamed for placing a note on the floor. The Agency dismissed claim 3 for failure to state a claim and claim 4 for untimely EEO counselor contact. Complainant requested that the Agency issue 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. It also affirmed the dismissal of claims 3 and 4. In her request for reconsideration, Complainant expresses her disagreement with the previous decision, and reiterates some of her arguments made on appeal. 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. 2019000168 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. 20200019163 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 September 3, 2020 Date