0520140288
10-23-2014
Complainant v. Robert Adler, Acting Chairman, Consumer Product Safety Commission, Agency.
Complainant
v.
Robert Adler,
Acting Chairman,
Consumer Product Safety Commission,
Agency.
Request No. 0520140288
Appeal No. 0120121769
Hearing No. 531-2011-00299X
Agency No. CPSC-EEO-11001
DENIAL
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120121769 (April 1, 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).
In our previous decision, we affirmed the EEOC Administrative Judge's (AJ's) decision granting summary judgment in favor of the Agency. We found that Complainant failed to establish that the Agency's proffered reasons for its actions were pretext for discrimination on any alleged basis. We noted that the record did not support Complainant's claim that the events at issue were motivated by retaliatory animus for her prior protected activity, as alleged. We also found that the matters at issue were not severe or pervasive enough to establish a hostile work environment. We further noted that Complainant failed to show that the Agency engaged in discrimination that became so intolerable that she had no choice but to resign. We therefore found that Complainant failed to establish that her resignation amounted to a constructive discharge.
In her request for reconsideration, Complainant maintains that management had subjected her to hostile and intolerable working conditions, and cites specific examples. We remind Complainant, however, 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. Complainant's request raises matters already addressed in our prior decision.
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. 0120121769 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 23, 2014
Date
2
0520140288
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013