Bobbye C.,1 Complainant,v.Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Oct 5, 2016

0520150493 (E.E.O.C. Oct. 5, 2016)

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

Bobbye C.,1
Complainant,

v.

Robert McDonald,
Secretary,
Department of Veterans Affairs,
Agency.

Request No. 0520150493

Appeal No. 0120133169

Agency Nos. 200105212011104409 & 200105212012103471

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120133169 (July 28, 2015). 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).

In her two underlying complaints, Complainant alleged that the Agency subjected her to
unlawful discrimination on the bases of her disability and in reprisal for prior protected EEO
activity when she was not selected for numerous Registered Nurse positions for which she had
applied. In Complaint No.200105212011104409, Complainant alleged that she had been
discriminated against when she was not selected for any of 23 Registered Nurse positions for
which she had applied. The Agency dismissed all claims on various procedural grounds
including untimely EEO counselor contact and raising the same issue in a civil action. In
EEOC Appeal No. 0120122379 (September 19, 2012) the Commission reversed in part,
remanding six of the 23 nonselection claims for further processing.

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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In Complaint No. 200105212012103471 Complainant alleged that she had been discriminated
against when she was not selected for any of five Registered Nurse positions for which she had
applied. The Agency consolidated these claims with the claims remanded by the Commission
in EEOC Appeal No. 0120122379 and on July 15, 2013, issued a consolidated final decision
finding that Complainant had not been discriminated against with respect to any of those
nonselections. On appeal, the Commission affirmed the Agency’s finding of no
discrimination.

In her request for reconsideration, Complainant reiterates the arguments she raised on appeal.
In particular, she argues that on remand, the Agency failed to address certain nonselection
claims she had raised in Complaint No. 200105212011104409. Complainant’s position is not
well taken. The nonselection claims Complainant believes have not been addressed were
resolved in EEOC Appeal 0120122379 when the Commission did not order them remanded for
further processing. We find that Complainant’s arguments do not 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. Accordingly,
we find that Complainant failed to demonstrate that the Commission should reconsider its
appellate 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. 0120133169 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. The court
has the sole discretion to grant or deny these types of requests. Such requests do not alter the
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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

October 5, 2016
Date