Joana C.,1 Complainant,v.Eric K. Fanning, Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Oct 5, 2016

0520160367 (E.E.O.C. Oct. 5, 2016)

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

Joana C.,1
Complainant,

v.

Eric K. Fanning,
Secretary,
Department of the Army,
Agency.

Request No. 0520160367

Appeal No. 0120161224

Agency No. ARBELVOIR15AUG03706

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120161224
(April 22, 2016). 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).

In her underlying complaint, Complainant alleged that the Agency subjected her to unlawful
disability and reprisal discrimination when: (1) on June 29, 2015, the Civilian Personnel
Advisory Center Workers' Compensation representative sent a letter to the Office of Workers'
Compensation Program (OWCP) requesting termination of Complainant's compensation; (2)
on May 13, 2015, the representative send a letter to OWCP falsely accusing her of not
complying with the Agency by returning the telework form; (3) from the period October 3,
2014 to July 17, 2015, the representative failed to timely process Complainant’s claim for
compensation; (4) in February 2015, the representative failed to process her Federal
Employees Health Benefits in a timely manner; (5) on December 29, 2014, the representative
refused to process Form TS-41, Notification to TSP of non-pay Status, in a timely manner; (6)

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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on November 6, 2014, the representative “intentionally” completed Form CA-7 incorrectly
which resulted in a delay in compensation pay for three pay periods; (7) the representative
denied her request for reasonable accommodation by refusing to routinely process her claim
for compensation every two weeks as done with time cards; (8) on October 29, 2014, the
representative had Complainant resubmit CA-7; (9) on October 24, 2015, the representative
caused unjust expenses by requesting unnecessary medical documentation that was already on
file with OWCP; (10) the representative failed to communicate with Complainant via her
personal email, home phone and/or home address knowing that she was out of the office on
workman's compensation. In its final decision, the Agency dismissed the complaint, pursuant
to 29 C.F.R. § 1614.107(a)(1), for failure to state a claim. Specifically, the Agency found that
the matters raised constitute a collateral attack on the Department of Labor’s OWCP process.
On appeal, the Commission affirmed the Agency’s dismissal.

In her request for reconsideration, Complainant largely reiterates arguments fully considered
on appeal. Accordingly, 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.
0120161224 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. Such requests do not alter the
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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

October 5, 2016
Date