EEOC Appeal 2020001916

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Stormy M., 1
Complainant,
v.
Steven T. Mnuchin,
Secretary,
Department of the Treasury
(Financial Management Service),
Agency.
Request No. 2020001916
Appeal No. 2019000168
Agency No. IRS-17-0778-F
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2019000168 (December 3, 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 an Individual Taxpayer Advisory Specialist at the Agency’s Wage
Investment division in Gulfport, Mississippi. Complainant filed an EEO complaint alleging that
the Agency discriminated against her on the bases of race (African American) and disability when:
1. 	On unspecified dates in 2017, the Agency placed Complainant on leave without pay and
deleted her from the Agency system, resulting in a denial of healthcare benefits;
2. 	After sewer spills in October and November 2017, the Agency failed to provide a
reasonable accommodation;
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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3. 	In June 2017, she learned that TIFTA began an investigation, after a manager encouraged
a customer to complain about her; and on November 7, 2017, Complainant learned that
TIGTA referred the results of the investigation to the Agency for potential action; and
4. 	In 2013, and unidentified individual complained to Complainant’s supervisor regarding her
behavior; in 2013, Complainant and a Taxpayer Advocate had a disagreement; in 2012,
and unnamed taxpayer complained about Complainant; and in 2011 Complainant was
blamed for placing a note on the floor.
The Agency dismissed claim 3 for failure to state a claim and claim 4 for untimely EEO counselor
contact. Complainant requested that the Agency issue a final decision. Our prior appellate decision
affirmed the Agency’s final decision that concluded that Complainant failed to prove that the
Agency subjected her to discrimination as alleged. It also affirmed the dismissal of claims 3 and
4.
In her request for reconsideration, Complainant expresses her disagreement with the previous
decision, and reiterates some of her arguments made on appeal. 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. 2019000168 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.

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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
September 3, 2020
Date