0520140218
10-28-2014
Complainant v. Carolyn W. Colvin, Acting Commissioner, Social Security Administration, Agency.
Complainant
v.
Carolyn W. Colvin,
Acting Commissioner,
Social Security Administration,
Agency.
Request No. 0520140218
Appeal No. 0120131065
Hearing No. 510-2011-00601X
Agency No. ATL-11-0583-SSA
DENIAL
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120131065 (January 24, 2014). 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).
The previous decision affirmed the Agency's final decision, which found that Complainant had not established that she had been discriminated against as alleged. Complainant filed an EEO complaint alleging discrimination on the bases of race and sex when she was subjected to sexual harassment by a co-worker through an inappropriate touching. The Agency found that once Agency officials were notified of the harassment they acted promptly to end it and that no subsequent acts of harassment occurred following management's actions. In our previous decision we found that the actions described by Complainant were severe enough to qualify as prohibited sexual harassment. We further found however, that the Agency had taken prompt and appropriate remedial action once it was informed of Complainant's allegations. We found that Complainant had not met her burden of establishing, by a preponderance of the evidence, that the Agency should be held liable for the co-worker's actions, and affirmed the Agency's decision.
In her request for reconsideration, Complainant argued that the previous decision was in error. Complainant argued that the Agency's actions were not immediate actions calculated to end the harassment. The Agency did not file any statement or brief in opposition to Complainant's request for reconsideration.
We find that Complainant's request for reconsideration fails to show that our previous decision involved a clearly erroneous interpretation of material fact or law, or that it would have a substantial impact on the policies, practices or operations of the Agency. Complainant's argument in support of her request for reconsideration was raised in large part in support of her appeal, and was adequately considered at that time. We remind Complainant 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) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) 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. 0120131065 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
October 28, 2014
Date
2
0520140218
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140218