Elayne C.,1 Complainant,v.William P. Barr, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity Commission

Sep 19, 2019

2019003627 (E.E.O.C. Sep. 19, 2019)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Elayne C.,1
Complainant,

v.

William P. Barr,
Attorney General,
Department of Justice,
Agency.

Request No. 2019003627

Appeal No. 0120180129

Agency No. OBD201501878

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120180129 (April 30, 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 a Senior INTERPOL Analyst at the Agency’s U.S. National Central
Bureau, INTERPOL Operation Command Center, in Washington, D.C. Complainant filed an
EEO complaint raising 12 allegations that the Agency discriminated against her and harassed her
on the bases of race (African American) and reprisal. Her claims included, but were not limited
to, concerns regarding two employees, a letter of reprimand, suspension of her National Security
Information access eligibility and relinquishing her PIV card and Agency laptop and then being
required to attend training when they were restored, being detailed, being suspended, work
hours, her performance review and not receiving a rating, and being directed not to work on
urgent matters.

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.
2019003627

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There was no hearing on the matter and the Agency issued a final Agency decision finding that
Complainant was not discriminated against or subjected to harassment as alleged. Our prior
appellate decision affirmed the Agency’s final decision and concluded that Complainant failed to
prove that the Agency subjected her to discrimination as alleged.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision, and basically argues that the affidavits contained false information. We note there was
no hearing in this case and we do not have the benefit of additional discovery or an EEOC
Administrative Judge’s credibility determinations. 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. 0120180129 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.
2019003627

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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 19, 2019
Date