Caitlyn H.,1 Complainant,v.Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Feb 4, 2016

0520160007 (E.E.O.C. Feb. 4, 2016)

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

Caitlyn H.,1
Complainant,

v.

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

Request No. 0520160007

Appeal No. 0120151682

Agency No. 200P-0339-2014104714

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120151682 (Sept. 4, 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).

Complainant contacted an EEO counselor on September 3, 2014. During EEO counseling,
Complainant alleged she was subjected to a hostile work environment based on her disability as
evidenced by numerous incidents. When Complainant’s concerns could not be resolved during
EEO counseling, the Agency sent Complainant the notice of right to file a formal complaint,
which she received on December 2, 2014. On December 10, 2014, Complainant submitted a
signed withdrawal of her complaint.

On January 15, 2015, Complainant filed a formal EEO complaint alleging that the Agency
subjected her to discrimination on the basis of disability when around September or October
2014, she was denied a reasonable accommodation when she was informed that she had the

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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choice of a position in the mail room as a GS-04, step 10, or she could take a medical
retirement; and on October 10, 2014, she resigned her position due to intolerable working
conditions.

The Agency dismissed Complainant’s previous claims making up her hostile work environment
claim on the basis that Complainant withdrew them. Further, the Agency dismissed the entire
complaint pursuant to 29 C.F.R. § 1614.107(a)(2) for untimely filing of the formal complaint.
Complainant appealed and, in Complainant v. Dep’t of Veterans Affairs, EEOC Appeal No.
0120151682 (Sept. 4, 2015), the Commission affirmed the Agency’s dismissal finding that
Complainant failed to file her formal complaint within the limitation period and failed to offer
adequate justification to warrant an extension of the time limit for filing the complaint.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and reiterates numerous arguments related to the merits of her complaint. The
Commission emphasizes that 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) (Aug. 5, 2015), at 9-18; 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 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. 0120151682 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
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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).

FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

February 4, 2016
Date