Rosina L.,1 Complainant,v.Jeh Johnson, Secretary, Department of Homeland Security (Immigration and Customs Enforcement), Agency.

Equal Employment Opportunity CommissionDec 3, 2015
0520150463 (E.E.O.C. Dec. 3, 2015)

0520150463

12-03-2015

Rosina L.,1 Complainant, v. Jeh Johnson, Secretary, Department of Homeland Security (Immigration and Customs Enforcement), Agency.


U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

Rosina L.,1

Complainant,

v.

Jeh Johnson,

Secretary,

Department of Homeland Security

(Immigration and Customs Enforcement),

Agency.

Request No. 0520150463

Appeal No. 0120123139

Hearing No. 570-2011-00508X

Agency No. HSICE013602010

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120123139 (June 19, 2015). 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).

At the time of events giving rise to the underlying complaint, Complainant was retired. She had been employed by the Department of Defense from 1983 through 1994. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (African American) and disability when (1) as of July 9, 2010, she was not selected for the position of Mission Support Specialist, Occoquan, Virginia, advertised under vacancy announcement #INV-316457-MP-SP: (20 as of July 9, 2010, the Agency failed to select her for the position of Mission Support Specialist, Washington, D.C., as advertised under announcement #DS-335091-FD; and (3) someone forwarded Complainant's Schedule A letter with her application and resume to the interview panels.

Our prior appellate decision vacated the Equal Employment Opportunity Commission Administrative Judge's (AJ) decision by summary judgment in favor of the Agency, concluding that the record was inadequately developed. The matter was remanded to the AJ for further investigation and processing.

In her request for reconsideration, Complainant expresses her disagreement with the previous decision, stating that the Agency should be sanctioned for its inadequate investigation and requests that a decision be issued in her favor. We find that the previous decision properly remanded the matter and find no basis to disturb the decision or to issue sanctions. 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. 0120123139 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.

We note that the Commission's records reflect that the matter was assigned to the AJ on July 13, 2015. As such, we need not repeat the order that was set forth in the previous decision.

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

December 3, 2015

__________________

Date

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.

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