EEOC Appeal 2020001085

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Doria R., 1
Complainant,
v.
France A. Cordova,
Director,
National Science Foundation,
Agency.
Request No. 2020001085
Appeal No. 0120181319
Hearing No. 570-2014-00321X
Agency No. DTRA-09-007
DECISION ON REQUEST FOR RECONSIDERATION
Complainant’s estate timely requested that the Equal Employment Opportunity Commission
(EEOC or Commission) reconsider its decision in Doria R. v. Nat’l Science Found., EEOC Appeal
No. 0120181319 (Sept. 10, 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, a GS-13 Grant and Agreement Specialist/Grants Officer in the Agency’s Division
of Grants and Agreements at the Office of Budget, Finance, and Award Management in Arlington,
Virginia, filed an EEO complaint alleging that she was discriminated against on the bases of
disability (breast cancer and spine injury), age, and in reprisal for prior protected EEO activity
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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when the Agency subjected her to a hostile work environment and denied her reasonable
accommodations for her disability. 2
Following an investigation, Complainant requested a hearing before an EEOC Administrative
Judge (AJ). The AJ assigned to the matter remanded the matter to the Agency for a final decision.
In its final decision, the Agency determined that no discrimination occurred. In Doria R. v. Nat’l
Science Found., EEOC Appeal No. 0120152916 (Nov. 9, 2017), the Commission reversed the
Agency’s decision in part. The Commission found that the Agency violated the Rehabilitation Act
when it unduly delayed providing telecommuting as a reasonable accommodation. 	The
Commission also found, however, that the weight of evidence did not support Complainant’s
hostile work environment claim. The Agency was ordered to process the claim for attorney’s fees
and costs from the attorney representing Complainant’s estate.
In the fee petition, Complainant’s estate sought $263,397 in attorney’s fees. The Agency applied
various deductions for pre-complaint work, clerical expenses, excessive hours, and unsuccessful
claims and issued an award of $96,537.50 in attorney’s fees and $2,851.38 in costs. Complainant’s
estate subsequently filed an appeal.
In Doria R. v. Nat’l Science Found., EEOC Appeal No. 0120181319 (Sept. 10, 2019), we modified
the final decision and awarded Complainant’s estate $148,887.50 in attorney’s fees plus $2,851.38
in costs. 	The attorney’s fees award reflected reductions from the original requested total in the
amounts 	of 	$1,631.60 	in 	excessive 	pre-complaint 	hours, 	$7,482.40 	in 	clerical 	expenses,
$11,635.16 in excessive time on the appeal brief and $29,851.40 for hours related to the hearing
that was canceled due to Complainant’s attorney’s conduct. The total amount awarded was further
reduced by 30 percent to account for the unsuccessful portion of Complainant’s complaint
concerning her harassment claim.
In this request for reconsideration, Complainant’s estate notes that our previous decision erred by
not ordering as relief the submission of a fee petition for work done on the successful appeal.
Complainant’s estate argues that she was a prevailing party as her appeal resulted in an increase
in the award of attorney’s fees awarded by $52,350.
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), at 9-18 (Aug. 5,
2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007).
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’s estate has not done so here.
However, we find that the Commission inadvertently omitted Complainant’s estate’s right to
attorney’s fees and costs for the successful appeal from the Agency’s final order. Further, we note
that Complainant’s estate is also entitled to attorney’s fees and costs for this request for
reconsideration.
2 Complainant died on November 29, 2013.

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CONCLUSION
After reviewing the previous decision and the entire record, the Commission finds that
Complainant's request does not 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 of the Commission in Appeal No.
0120181319 is slightly MODIFIED to include the payment of attorney’s fees and costs
inadvertently omitted for the successful pursuit of the appeal and this request for reconsideration.
There is no further right of administrative appeal on the decision of the Commission on a request
for reconsideration.
ORDER
To the extent it has not already done so, the Agency is ordered within 60 calendar days of the date
this decision is issued, to implement the following remedial and corrective actions:
1. 	The Agency shall pay Complainant’s estate $148,887.50 in attorney’s fees and
$2,851.38 in costs. The Agency shall additionally afford Complainant’s estate an
opportunity to submit a petition for attorney’s fees and costs to the Agency for work
done by her attorney(s) in the processing of her appeal to the Commission. 	The
Agency shall then process the claim for attorney’s fees in accordance with 29
C.F.R. § 1614.501.
The Agency shall submit a report 	of 	compliance as provided 	in the statement 	entitled
“Implementation 	of 	the 	Commission's 	Decision.” 	The 	report 	shall 	include 	supporting
documentation verifying that the corrective action has been taken.
ATTORNEY'S FEES (H1016)
If Complainant has been represented by an attorney (as defined by 29 C.F.R. § 1614.501(e)(1)(iii)),
she is entitled to an award of reasonable attorney's fees incurred in the processing of the complaint.
29 C.F.R. § 1614.501(e). The award of attorney's fees shall be paid by the Agency. The attorney
shall submit a verified statement of fees to the Agency -- not to the Equal Employment Opportunity
Commission, Office of Federal Operations -- within thirty (30) calendar days of the date this
decision was issued. 	The Agency shall then process the claim for attorney's fees in accordance
with 29 C.F.R. § 1614.501.
IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719)
Under 29 C.F.R. § 1614.405(c) and § 1614.502, compliance with the Commission’s corrective
action is mandatory. Within seven (7) calendar days of the completion of each ordered corrective
action, the Agency shall submit via the Federal Sector EEO Portal (FedSEP) supporting documents
in the digital format required by the Commission, referencing the compliance docket number under
which compliance was being monitored. 	Once all compliance is complete, the Agency shall
submit via FedSEP a final compliance report in the digital format required by the Commission.
See 29 C.F.R. § 1614.403(g).

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The Agency’s final report must contain supporting documentation when previously not uploaded,
and the Agency must send a copy of all submissions to the Complainant and his/her representative.
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.
Failure by an agency to either file a compliance report or implement any of the orders set forth in
this decision, without good cause shown, may result in the referral of this matter to the Office of
Special Counsel pursuant to 29 C.F.R. § 1614.503(f) for enforcement by that agency.
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.
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.

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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
August 24, 2020
Date