U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Hyun T.,1 Complainant, v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security (Transportation Security Administration), Agency. Request No. 2022002815 Appeal No. 2020005077 Hearing No. 410-2019-00564X Agency No. HS-TSA-02499-2018 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Hyun T. v. Dep’t of Homeland Security, EEOC Appeal No. 2020005077 (Mar. 21, 2022). 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). On October 12, 2018, Complainant filed her complaint alleging discrimination based on disability and in reprisal for prior EEO activity when: 1. On July 20, 2018, management reassigned Complainant to administrative duties; 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. 2022002815 2 2. On July 27, 2018, management denied Complainant advanced sick leave and a reasonable accommodation; 3. On July 27, 2018, management told Complainant, “If the dentist prescribes this medication again, it is recreational;” 4. On July 27, 2018, management determined that Complainant was medically unfit for duty; 5. From July 27, 2018, through August 5, 2018, management placed Complainant on leave without pay; 6. From August 6, 2018, through August 19, 2018, management charged Complainant absent without leave; 7. On September 2, 2018, a management official pushed Complainant; 8. On September 6, 2018, a management official stated that Complainant “had training, allegedly;” 9. On September 7, 2018, Complainant asked a management official to help her write her Transportation Officers Performance System self-evaluation, and the management official stated, “No, you might tell;” 10. On September 9, 2018, one management official prevented another management official from moving away from Complainant and then attempted to sweep the floor where Complainant was sitting; 11. On September 16, 2018, a management official avoided everyone in the computer room but tried to sweep under Complainant and then scowled at Complainant while she attempted to clock out; 12. On September 19, 2018, a management official stared at Complainant, then asked what she was doing in Baggage F; 13. On November 15, 2018, a management official brushed against Complainant; 14. On November 16, 2018, a management official yelled and pointed his finger at Complainant; 15. On November 24, 2018, a management official blocked Complainant’s path; and 16. On February 2, 2019, management sent 12 Airport Information Management System alerts to Complainant’s personal cell phone while Complainant was off duty. Complainant requested a hearing before an EEOC Administrative Judge (AJ). The AJ issued a decision without a hearing finding no discrimination. The Agency issued its final order adopting the AJ’s decision. Complainant appealed, and the Commission’s prior decision affirmed the Agency’s final order. In her request, Complainant provides no evidence to warrant granting her request. The Commission emphasizes that a request for reconsideration is not a second appeal to the Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (Aug. 5, 2015), at 9-18; see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 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. 2022002815 3 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. 2020005077 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 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 20, 2022 Date
