Takako Y.,1 Complainant,v.Robert M. Speer, Acting Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Apr 27, 2017

0520170191 (E.E.O.C. Apr. 27, 2017)

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

Takako Y.,1
Complainant,

v.

Robert M. Speer,
Acting Secretary,
Department of the Army,
Agency.

Request No. 0520170191

Appeal No. 0120162159

Agency No. ARCEHECSA16FEB01201

DECISION ON REQUEST FOR RECONSIDERATION

The Agency requested reconsideration of the decision in EEOC Appeal No. 0120162159
(October 19, 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).

On March 29, 2016, Complainant filed a formal complaint alleging that the Agency subjected
her to discrimination on the bases of sex (female), disability, and in reprisal for prior protected
EEO activity. In its final decision dated May 16, 2016, the Agency dismissed Complainant's
complaint for untimely EEO Counselor contact. Complainant's complaint was comprised of the
following claims:

a) Beginning in January 2015 to present, [a named Agency official] has not provided her
meaningful assignments during her temporary detail to the Chicago District;

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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b) On February 9, 2015, [two named individuals] issued her a smaller performance-based
individual cash award than she received in 2013 and 2014;
c) On March 2, 2015, [a named agency official] asked about the status of her EEO
complaint and who was processing the complaint;
d) On June 22, 2015, she was denied a developmental detail in Washington D.C. when [a
named Agency official] refused to provide the supervisor statement required for the
application;
e) On July 14, 2015, she learned that she was denied the opportunity to attend a Project
Management Professional (PMP Prep) training course for which she had previously
registered;
f) On August 17, 2015, [named Agency officials] denied her request to attend a PMP
training in November 2015 in Fort Worth, Texas;
g) On October 13, 2015, she received from [a named Agency official] a Return to Duty
Station Directive, ordering her to report to Fort Worth, Texas on October 19, 2015;
h) On October 16, 2015, [a named Agency official] ordered her to provide medical
documentation regarding her need to remain in Chicago, Illinois and requested that she
produce documentation in less than six hours;
i) On October 19, 2015, [Agency officials] denied her request for travel orders and
compensation for travel from her duty station in Chicago, Illinois to Fort Worth, Texas;
j) On October 19, 2015, [Agency officials] threatened to place her in a AWOL (absent
without leave) status even though she reported to work;
k) On October 23, 2015, [an Agency official] denied her request for telework and
administrative leave as a reasonable accommodation; and
l) On December 1, 2015, [Agency officials] issued her a performance rating of 2.

The Commission reversed the Agency’s dismissal of the complaint and the Commission
remanded the complaint for further processing. The Agency raises no new arguments in its
request for reconsideration. We find 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. 0120162159 remains the Commission's decision. We also deny
Complainant’s request for sanctions for the Agency’s action of filing the request for
reconsideration. There is no further right of administrative appeal on the decision of the
Commission on this request. The Agency shall comply with the Order as set forth herein.

ORDER (E1016)

The Agency is ordered to process the remanded claims in accordance with 29
C.F.R.§1614.108. The Agency shall acknowledge to the Complainant that it has received the
remanded claims within thirty (30) calendar days of the date this decision was issued. The
Agency shall issue to Complainant a copy of the investigative file and also shall notify
Complainant of the appropriate rights within one hundred fifty (150) calendar days of the date
this decision was issued, unless the matter is otherwise resolved prior to that time. If the
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Complainant requests a final decision without a hearing, the Agency shall issue a final decision
within sixty (60) days of receipt of Complainant’s request.

A copy of the Agency’s letter of acknowledgment to Complainant and a copy of the notice that
transmits the investigative file and notice of rights must be sent to the Compliance Officer as
referenced below.

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 (R0610)

This is a decision requiring the Agency to continue its administrative processing of your
complaint. However, if you wish to file a civil action, you have the right to file such action in
an appropriate United States District Court within ninety (90) calendar days from the date that
you receive this decision. In the alternative, you may file a civil action after one hundred and
eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your
appeal with the Commission. 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. Filing a civil action will terminate
the administrative processing of your complaint.

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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 27, 2017
Date