2026003200•EEOC Appeal 2026003200
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Michelle M.,1 Complainant, v. Scott Bessent, Secretary, Department of the Treasury (Internal Revenue Service), Agency. Request No. 2026003200 Appeal No. 2025002792 Hearing No. 570-2023-00263X Agency No. IRS-22-0316-F DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2025002792 (May 26, 2026). 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 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.
2026003200 2 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). At the time of events giving rise to this complaint, Complainant worked as a Case Advocate at the Agency’s Taxpayer Advocate Service in Laguna Niguel, California. Complainant filed a formal complaint alleging that the Agency subjected her to discrimination and a hostile work environment in reprisal for prior protected equal employment opportunity (EEO) activity when: 1. on November 10, 2021, a Group Manager issued Complainant an annual evaluation noting that several aspects of her performance had decreased but due to a lack of documentation and notice, the rating would remain as “exceeds;” 2. on January 12, 2022, the Group Manager issued Complainant a negative First Quarter Assessment; and 3. on February 10, 2022, the Group Manager issued Complainant a negative Departure Rating review. Following the Agency’s investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ), who granted the Agency’s motion for summary judgment. The Agency adopted the AJ’s decision. Complainant appealed. In the previous decision, the Commission affirmed the Agency’s final order. The appellate decision found that a reasonable factfinder could not find in Complainant’s favor. She did not show that the alleged conduct was based on retaliatory animus or that the Agency’s reasons that Complainant failed to make timely contact for six (6) of her cases were pretextual. The instant request for reconsideration followed. The Agency opposes Complainant’s request. In her request for reconsideration, Complainant expresses her disagreement with the previous decision and simply reiterates arguments previously made on appeal. For example, Complainant contends that there were inconsistencies in the Group Manager’s affidavit, such as her denial of knowledge of Complainant’s EEO activity until March 30, 2022, but she indicated for a different EEO complaint that
2026003200 3 she learned of Complainant’s EEO activity on September 21, 2021; and the Group Manager stated that the Acting Deputy Executive Director was involved in the rating decision, but he stated that he was not responsible.2 Complainant also complains that discovery was not conducted in good faith, but the Commission has consistently held that a party may not raise new arguments in a request for reconsideration. See, e.g., Jones v. U.S. Postal Serv., EEOC Request No. 05950107 (Aug. 24, 1995). We have reviewed the various arguments raised by Complainant in the instant request for reconsideration but find no basis to disturb the Commission’s prior decision. Complainant presents arguments which were previously raised and considered or could have been raised during the original appeal, but she does not assert that the appellate decision contained a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. A review of the record confirms that the Agency provided legitimate, nondiscriminatory reasons for Complainant’s performance assessments. Notably, Complainant’s second-level supervisor attested that Complainant was not following the Internal Revenue Manual or procedures for her cases; not accurately researching and resolving cases; and not working cooperatively with others. Report of Investigation at 158. The Commission has held that complainants cannot demonstrate pretext based on a subjective assessment of their own performance. See Frederick A. v. Equal Employment Opportunity Comm., EEOC Appeal Nos. 2022003887 and 2022004927 (Feb. 21, 2024); Britany N. v. U.S. Postal Serv., EEOC Appeal No. 2021004882 (Jul. 11, 2023); Trent M. v. Dep’t of Commerce, EEOC Appeal No. 2022000776 (Nov. 2, 2022). The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614, Chap. 9 § VII.A (Aug. 5, 2015); see, e.g., Lopez v. Dep’t of Agric., EEOC 2 The Group Manager explained that Complainant reached out to the Acting Deputy Executive Director, who decided to correct Complainant’s annual evaluation. The record contains Complainant’s email complaining about her rating and the Acting Deputy Executive Director’s response that he would speak to her manager. Report of Investigation at 129, 175-6.
2026003200 4 Request No. 0520070736 (Aug. 20, 2007). Thus, we conclude that Complainant has not presented any persuasive evidence to support reconsideration of the Commission’s 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. 2025002792 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 (P0124) 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 their 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).
2026003200 5 FOR THE COMMISSION: T. Gimbrere ________________________ Acting Director's signature T. Gimbrere, Acting Director Office of Federal Sector 9/21/2026 Date
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