EEOC Appeal 2020001913

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Marvella B., 1
Complainant,
v.
William P. Barr,
Attorney General,
Department of Justice
(Drug Enforcement Administration),
Agency.
Request No. 2020001913
Appeal No. 0120182527
Hearing No. 461-2017-00063X
Agency No. DEA201602106
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120182527 (November 14, 2019).
EEOC regulations provide that the Commission may, in its discretion, grant a request to reconsider
any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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 worked as a Senior Financial Investigator, Contract Employee, at the Agency’s New
Orleans Division, New Orleans, Louisiana. Complainant filed an EEO complaint alleging
discrimination on the bases of race (African American), sex (female), and reprisal when:
1. 	From May 13, 2014, through July 2015, she was given a larger workload than the other
investigators in her group, and she was not given approval to work additional hours;
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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2. 	From August 1 to August 12, 2014, the Special Agent in Charge made comments in a
public area that Complainant did not know how to do her job;
3. 	On November 5, 2014, she was told not to draft subpoenas for financial records; and
4. 	On June 22, 2015, she was notified of the closing of her position.
Our 	prior 	appellate 	decision 	affirmed 	the 	Equal 	Employment 	Opportunity 	Commission
Administrative Judge’s (AJ) decision by summary judgment which found in favor of the Agency,
concluding Complainant failed to prove her discrimination claims. In his decision, the AJ found
that Complainant was not subjected to either disparate treatment or a hostile work environment,
and that she failed to produce evidence that the Agency’s reasons for its actions were a pretext for
discrimination.
In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and makes numerous arguments she has made previously. 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. 0120182527 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 (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.

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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
September 3, 2020
Date