Rachael F.,1 Complainant,v.William P. Barr, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity Commission

Sep 19, 2019

2019003628 (E.E.O.C. Sep. 19, 2019)

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

Rachael F.,1
Complainant,

v.

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

Request No. 2019003628

Appeal No. 0120181639

Agency No. OBD201600243

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120181639 (May 15, 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, DC. Complainant filed an
EEO complaint alleging that the Agency discriminated against her and harassed her on the bases
of race (African American) and reprisal when: (1) since 2002, and on March 24, 2015, she was
denied promotions to the GS-13 grade level; (2) on November 23, 2015, she was not selected for
the position of GS-13 Supervisory INTERPOL Specialist; (3) in January 2016, her managers
denied her request to work overtime; (4) on February 10, 2016, she was placed on administrative
leave and reassigned to a day shift position in the Administrative Services Division on February
16, 2016; (5) in June 2006, she was denied her request to be reinstated to her former title of

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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Supervisory INTERPOL Analyst; (6) on March 9, 2016, an investigator asked if she was under
the influence of drugs or alcohol; and (7) on March 24, 2016, the Agency announced a job series
change and reassignment of all INTERPOL Analysts from GS-0301 to GS-1805, and failed to
inform her how this would affect her promotion opportunities.

The Agency dismissed claims 1, 5, and 7. It investigated the remaining claims. In accordance
with Complainant’s request, the Agency issued a final Agency decision on the matter. Our prior
appellate decision affirmed the Agency’s final decision that concluded that Complainant failed to
prove that the Agency subjected her to discrimination, harassment, or reprisal as alleged. The
decision also affirmed the dismissal of claims 1, 5, and 7.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and argues that statements in the affidavits were not true. However, Complainant
elected not to have a hearing 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. 0120181639 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.
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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

September 19, 2019
Date