[Redacted], Tressa L., 1 Complainant,v.William P. Barr, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

Equal Employment Opportunity Commission

Aug 17, 2020

Appeal No. 2019003206 (E.E.O.C. Aug. 17, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Tressa L.,1 Complainant, v. William P. Barr, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency. Request No. 2020002795 Appeal No. 2019003206 Hearing No. 510-2016-00445X Agency No. BOP-2015-01742 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019003206 (January 7, 2020). 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). During the relevant period, Complainant worked as a Correctional Officer in Coleman, Florida. On June 25, 2015, Complainant filed a formal EEO complaint. Complainant claimed that the Agency discriminated against her based on race (African-American), sex (female), and in reprisal for prior EEO activity (prior EEO activity) when: 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. 2 2020002795 1. on April 3, 2015, she became aware that her yearly performance evaluation, specifically the Communication element, was lowered from a rating of “exceeds” to a rating of “satisfactory;” 2. on May 12, 2015, a Lieutenant went to the hospital where she was working and informed her that she was not in uniform; 3. on May 14, 2015, she was subjected to harassment when (a) she overheard a Lieutenant refer to her as a male; (b) she was searched for contraband in plain view of inmates and staff; and (c) the Associate Warden referred to her as a “thug” on dress down day; 4. on June 14, 2015, a Lieutenant attempted to use another staff member as an instrument to harass her; 5. on July 29, 2015, she was spoken to in an aggressive manner in the presence of inmates regarding weekend procedures; and 6. on September 17, 2015, she became aware that her Evaluator had changed. After its investigation, the Agency provided Complainant with a copy of the report of investigation (ROI) and notice of right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ). Complainant timely requested a hearing. The AJ notified the parties sua sponte of an intent to issue a decision without a hearing. The AJ subsequently issued a decision by summary judgment in favor of the Agency. The Agency issued its final order adopting the AJ’s finding that Complainant failed to prove discrimination as alleged. An appeal followed. The Commission affirmed the Agency’s final decision adopting the AJ’s finding of no discrimination. In her request for consideration, Complainant restates her various arguments that she was subjected to a discriminatory hostile work environment regarding all of her six claims. Complainant also argues that the AJ erroneously issued a decision without a hearing because the Agency did not complete its investigation “in a timely manner and the Agency did not change the attached flyer as stated in the ROI” relating to the dress down event on May 12, 2015. 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. 2019003206 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 3 2020002795 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 August 17, 2020 Date