Melania U.,1 Complainant,v.Martin J. Gruenberg, Chairman, Federal Deposit Insurance Corporation, Agency.

Equal Employment Opportunity Commission

Jan 29, 2016

0520150470 (E.E.O.C. Jan. 29, 2016)

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

Melania U.,1
Complainant,

v.

Martin J. Gruenberg,
Chairman,
Federal Deposit Insurance Corporation,
Agency.

Request No. 0520150470

Appeal No. 0120130683

Hearing No. 570-2011-00289X

Agency No. FDICEO09008

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120130683 (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).

In her underlying complaint, Complainant alleged that the Agency subjected her to unlawful
discrimination on the bases of her race (African-American), color (brown/black), sex, age
(49), and in reprisal for prior protected EEO activity when

1. on J anuary 25, 2010, s he l earned t hat s he w as not s elected for t he pos ition of
Accountant Disbursement Operations, CG-510-13;

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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2. on F ebruary 2, 2010, s he l earned t hat s he w as not s elected for t he pos ition of
Senior Accountant General Ledger, CG-5010-13;

3. on January 2010, Complainant learned that she was not selected for either of two
Senior Accountant, Receipts, Receivable and Vendor Maintenance positions, CG-
510-13; and

4. from 2006 t hrough 200 9, C omplainant r eceived f ewer m onetary awards t han
other employees.

At Complainant’s request, the matter was referred to an Equal Employment Opportunity
Commission Administrative Judge (AJ) for a hearing. Following a hearing, the AJ found that
Complainant failed to prove that the Agency had discriminated against her. The Agency’s
final order fully implemented the AJ’s decision. On appeal, the Commission affirmed the
Agency’s final order, finding that the AJ’s decision was supported by substantial evidence.

In her request for reconsideration, Complainant reiterates arguments on the merits she raised
on appeal.2

We find that Complainant’s arguments do not 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. Accordingly, we find
that Complainant failed to demonstrate that the Commission should reconsider its appellate
decision.
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. 0120130683 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

2 Complainant also argues in connection with her reconsideration request that the Commission
should have entered a default judgment against the Agency for its supposed failure to submit a
transcript of the hearing proceedings as part of the record on appeal. We find that such a
sanction was not appropriate since the Agency ultimately did, in fact, submit a complete
hearing transcript for consideration in connection with the initial decision on appeal.
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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, Director
Office of Federal Operations

January 29, 2016
Date