Complainant,

v. 

Penny Pritzker,
Secretary,
Department of Commerce
(National Oceanic & Atmospheric Administration),
Agency.

Request No. 0520150277

Appeal No. 0120140776

Hearing No. 510-2013-00135X

Agency No. 54201201871

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in Complainant v. Department of Commerce, EEOC Appeal No. 0120140776 (February 13, 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).

At the time of events giving rise to the underlying complaint, Complainant worked as a Criminal Investigator (Special Agent) at the Agency's Southeast Enforcement Division, Office of Law Enforcement, National Marine Fisheries Service located in Saint Petersburg, Florida. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of sex (female) and reprisal when she was denied a career ladder promotion from the ZA-III level to the ZA-IV level.   

An Equal Employment Opportunity Commission Administrative Judge (AJ) dismissed Complainant's hearing request because she failed to comply with an order of the AJ to inform the Agency of her settlement demands. Our prior appellate decision affirmed the Agency's final decision, based on the evidence gathered during the investigation, which concluded that Complainant failed to prove her discrimination claims.



In her request for reconsideration, Complainant expresses her disagreement with the previous decision and reiterates arguments she has previously made concerning the AJ's dismissal of her hearing request. 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. 0120140776 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 (Z0610)

If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request from the Court that the Court appoint an attorney to represent you and that the Court also permit you to file the action without payment of fees, costs, or other security.  See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 791, 794(c).  The grant or denial of the request is within the sole discretion of the Court.  Filing a request for an attorney with the Court does not extend your time in which to file a civil action.  

Both the request and the civil action must be filed within the time limits as stated in the paragraph above ("Right to File a Civil Action").


FOR THE COMMISSION:


______________________________
Carlton M. Hadden, Director
Office of Federal Operations

July 21, 2015

__________________
Date

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0520150277





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



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