Demetria G.,1 Complainant,v.Robert Wilkie, Acting Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Apr 13, 2018

0520180101 (E.E.O.C. Apr. 13, 2018)

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

Demetria G.,1
Complainant,

v.

Robert Wilkie,
Acting Secretary,
Department of Veterans Affairs,
Agency.

Request No. 0520180101

Appeal No. 0120172406

Agency No. 200P-0691-2017102151

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120172406 (October 3, 2017).
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).

In her underlying complaint, Complainant claimed that she was discriminated against on the
bases of her sex (female), disability (lower back injury), and age (60) when:

1. On March 9, 2017, the Supervisory Clinical Coordinator refused to complete an
incident report with regard to Complainant’s workplace injury because the
Supervisory Clinical Coordinator was not present when the injury occurred. The
Supervisory Clinical Coordinator also failed to properly complete Complainant’s
Workers’ Compensation paperwork (CA-2); and

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.
0520180101

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2. On March 16, 2017, the Supervisory Clinical Coordinator refused to sign
Complainant’s incident report regarding her workplace injury on March 9, 2017.

The Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(1) on the grounds of
failure to state a claim. The Agency determined that Complainant was alleging discrimination
concerning her Office of Workers’ Compensation Programs (OWCP) claim. The Agency stated
that Complainant used the EEO complaint process to launch a collateral attack on the OWCP
process.

On appeal, the Commission affirmed the Agency’s dismissal of the complaint. The Commission
found that the proper forum for Complainant to have raised her challenges to the processing of
her OWCP claim is with the OWCP.

In her request for reconsideration, Complainant contends that her OWCP claim was denied
because her Supervisor did not complete an incident report. Complainant maintains that her
Supervisor was responsible for completing an incident report in a timely manner.

In response, the Agency asserts that Complainant has not satisfied the criteria of a request for
reconsideration. The Agency states that Complainant is continuing her previous argument
concerning her Supervisor’s alleged failure to complete paperwork needed to pursue OWCP
benefits. The Agency maintains that an employee cannot use the EEO process to launch a
collateral attack on an adjudicatory proceeding in another forum.

We find that Complainant’s request for reconsideration fails to show that our previous decision
involved a clearly erroneous interpretation of material fact or law, or would have a substantial
impact on the policies, practices or operations of the Agency. We note that a request for
reconsideration is not a second appeal to the Commission. E.g., Lopez v. Dep’t of Agriculture,
EEOC Request No. 0520070736 (Aug. 20, 2007); EEO Management Directive for Part 1614
(EEO MD-110), Chap. 9, §VII.A. (Aug. 5, 2015). We find that Complainant’s argument
concerning her Supervisor’s alleged failure to complete necessary paperwork for her OWCP
claim is a matter that falls outside the purview of the EEO process. This matter concerning the
processing of her OWCP claim should instead be raised with the OWCP.

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. 0120172406 remains the
Commission's decision. There is no further right of administrative appeal on the decision of the
Commission on this request.

0520180101

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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 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

April 13, 2018
Date