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

Equal Employment Opportunity Commission

Mar 19, 2015

0520150057 (E.E.O.C. Mar. 19, 2015)

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

Complainant,

v.

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

Request No. 0520150057

Appeal Nos. 0120141968 and 0120142011

Agency Nos. 2004-0637-2014100781 and 2004-0590-2014100618

DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in Complainant v. Department of
Veterans Affairs

, EEOC Appeal Nos. 0120141968 and 0120142011 (September 23, 2014). In
the prior decisions, the Commission affirmed the Agency’s dismissals of Complainant’s
complaints concerning its refusal to consider him or select him for the positions for which he
applied for failure to state a claim. Specifically, the Agency indicated that the parties entered
into a settlement agreement wherein Complainant agreed not to seek future employment with
the Agency.
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).
After reviewing the previous decisions 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 decisions in EEOC Appeal Nos. 0120141968 and
0120142011 remain the Commission's decision. There is no further right of administrative
appeal on the decision of the Commission on this request.

0520150057

2
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

(Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an
attorney, you may request from the Court that the Court appoint an attorney to represent you
and that the Court also permit you to file the action without payment of fees, costs, or other
security. See

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et
seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 791, 794(c). The grant or
denial of the request is within the sole discretion of the Court. Filing a request for an attorney
with the Court does not extend your time in which to file a civil action. Both the request and
the civil action must be filed within the time limits as stated in the paragraph above (“Right to
File a Civil Action”).

FOR THE COMMISSION:

______________________________
Carlton M. Hadden, Director
Office of Federal Operations

Date
March 19, 2015