0520170151
04-05-2017
Rhea H.,1 Complainant, v. Scott Pruitt, Administrator, Environmental Protection Agency, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Rhea H.,1
Complainant,
v.
Scott Pruitt,
Administrator,
Environmental Protection Agency,
Agency.
Request No. 0520170151
Appeal No. 0120142029
Hearing No. 440-2012-00153X
Agency No. 20120008R05
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120142029 (November 23, 2016). 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).
Complainant, who worked for the United States Postal Service (USPS), was an applicant for employment with the Agency. She filed an EEO complaint alleging discrimination based on race (African American), sex (female), and age (57) when she was not selected for the position of EEO Manager, GS-13, with the Agency.
Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge's (AJ's) decision following a hearing. The AJ's decision found in favor of the Complainant, concluding Complainant was discriminated against because of her race, sex, and age. The Agency adopted the AJ's decision.
Complainant filed an appeal concerning the Agency's compliance with the AJ's order. In EEOC Appeal No. 0120142029, we found that the position for which Complainant applied no longer existed and that the Agency offered her a substantially equivalent position. With respect to the issue of back pay, interest, and other benefits, the decision found that the Agency was delayed in making the required payments because it was waiting for information from Complainant's former employer (the USPS), and had recently changed in the Agency's payroll system. Accepting these reasons for the delay, the Agency was ordered to comply with the AJ's Order concerning back pay, interest and other benefits. The decision also found that Complainant's attorney had submitted an attorney's fees petition in an untimely manner.
In her request for reconsideration, Complainant expresses her disagreement with the previous decision. She states she has not yet been paid her back pay, interest, and other benefits.
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. 0120142029 remains the Commission's decision. Nonetheless, we find that given the amount of time that has now passed, and Complainant's assertion that she has not received her back pay and other benefits, that the Agency must be given a deadline for complying with the Order in the prior decision. There is no further right of administrative appeal on the decision of the Commission on this request.
ORDER
Within sixty (60) days of the date this decision is issued, the Agency shall issue payment to Complainant for the back pay, plus interest, and other benefits, less interim earnings, ordered by the AJ. The Agency shall also issue a written decision detailing its calculations in determining the backpay, interest and benefits due Complainant.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0610)
Compliance with the Commission's corrective action is mandatory. The Agency shall submit its compliance report within thirty (30) calendar days of the completion of all ordered corrective action. The report shall be submitted to the Compliance Officer, Office of Federal Operations, Equal Employment Opportunity Commission, P.O. Box 77960, Washington, DC 20013. The Agency's report must contain supporting documentation, and the Agency must send a copy of all submissions to the Complainant. If the Agency does not comply with the Commission's order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. � 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission's order prior to or following an administrative petition for enforcement. See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled "Right to File a Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. � 1614.409.
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
April 5, 2017
__________________
Date
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.
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