0520170370
08-15-2017
Request No. 0520170370
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Timika O,1
Grievant,
v.
Sean J. Stackley,
Acting Secretary,
Department of the Navy,
Agency.
Request No. 0520170370
Appeal No. 0220140008
Agency No. FMCS13574783
DECISION ON REQUEST FOR RECONSIDERATION
Grievant timely requested reconsideration of the decision in EEOC Appeal No. 0220140008 (March 9, 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).
The Union filed a grievance form dated April 12, 2013, concerning the Notice of Termination of Employment issued by the Agency against Grievant. The Union invoked arbitration. Following a hearing, the Arbitrator held that Grievant failed to show that she was subjected to violations of the Rehabilitation Act when she was allegedly denied reasonable accommodation and terminated from her position.
Grievant appealed the Arbitrator's decision to the Commission. In EEOC Appeal No. 0220140008, the Commission found that the Agency reasonably accommodated Grievant by offering to conduct a job-search to reassign her into another position. However, the decision noted that Complainant was not entitled to a transfer to a different supervisor as a reasonable accommodation under the circumstances of the instant case. The decision went on to conclude that Grievant failed to show that the Agency's denial of leave or termination constituted unlawful discrimination. Accordingly, the decision affirmed the Arbitrator's decision finding no discrimination.
Grievant filed the instant request for reconsideration. In her request, Grievant asked that the Commission remand the matter for a hearing before the Equal Employment Opportunity Commission Administrative Judge (AJ). Grievant also reargues her alleged claims of discrimination in violation the Rehabilitation Act. The Commission emphasizes 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) (Aug. 5, 2015), at 9-18; 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. Grievant 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. 0220140008 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
GRIEVANT'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 Grievant'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
August 15, 2017
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Grievant's name when the decision is published to non-parties and the Commission's website.
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