Request No. 0520120200
06-07-2012
Jamila M. Hunter, Complainant, v. Robert C. Tapella, Public Printer, United States Government Printing Office, Agency.
Jamila M. Hunter,
Complainant,
v.
Robert C. Tapella,
Public Printer,
United States Government Printing Office,
Agency.
Request No. 0520120200
Appeal No. 0120113448
Agency No. 10-31
DENIAL
Complainant timely requested reconsideration of the decision in Jamila M. Hunter v. Government Printing Office, EEOC Appeal No. 0120113448 (November 29, 2011). 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(b).
BACKGROUND
In the underlying case, Complainant alleged that she was subjected to harassment and a hostile work environment in reprisal for prior EEO activity when: (1) on June 17, 2010, management questioned her about her participation in a class for the Emerging Leaders Program (ELP); (2) management approached the instructors regarding her participation in the ELP, which she believes may have damaged her chance of being selected for the ELP; (3) management requires her to send an email when Complainant leaves her work area; (4) management counseled her for abusing the Gliding Work Schedule; and (5) management requested to meet with her concerning 30 minutes of unauthorized overtime performed on June 9, 2010. At the conclusion of the investigation, Complainant was provided with a copy of the report of investigation and notice of her right to request a hearing before an EEOC Administrative Judge (AJ). Complainant failed to respond, and on May 16, 2011, the Agency issued the Final Agency Decision (FAD) finding no discrimination. We issued an appellate decision affirming the FAD finding that Complainant failed to produce evidence that the Agency's proffered reasons were a pretext for unlawful retaliation. Additionally, we found that the record did not support a finding that Complainant was subjected to any Agency action which rose to the level of a hostile work environment.
ARGUMENTS ON RECONSIDERATION
Complainant did not raise any explicit contentions in her request for reconsideration. The Commission notes that Complainant filed a hearing election form with her request for reconsideration. The Agency did not raise any contentions in response to Complainant's request.
ANALYSIS AND FINDINGS
Complainant is reminded 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), Ch. 9 � VII.A. (Nov. 9, 1999). Because Complainant has not put forth any arguments which the Commission find to be material to the outcome of the underlying decision, or that were not previously considered in rendering the underlying decision, the Commission finds that Complainant has not demonstrated that the underlying decision involved a clearly erroneous interpretation of material fact or law. Neither has Complainant argued or demonstrated that the underlying decision would have a substantial impact on the policies, practices, or operations of the Agency.
CONCLUSION
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(b), and it is the decision of the Commission to DENY the request. The decision in EEOC Appeal No. 0120113448 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
___6/7/12_______________
Date
2
05-2012-0200
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120200