0520090364
09-09-2009
Dom Wadhwa, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Dom Wadhwa,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520090364
Appeal No. 0120090612
Agency No. 200H-0642-2008102059
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in Dom Wadhwa
v. Dep't of Veterans Affairs, EEOC Appeal No. 0120090612 (March 10, 2009).
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(b).
In his request for reconsideration, complainant stated that the agency
erred by indicating that, on June 18, 2008, he filed Civil Action
No. 07-2750 in a U.S. District Court. Complainant stated he filed
07-2750 on July 3, 2007 and that it does not involve the same matters
at issue herein. Complainant stated that the agency continues to
discriminate and retaliate against him.
After reconsidering 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(b), and it is the decision of the Commission to
deny the request. Civil Action No. 07-2750 has been consolidated with
three other civil actions and is pending in the U.S. District Court for
the Eastern District of Pennsylvania under Civil Action No. 07-3301.
On June 18, 2008, under 07-3301, complainant alleged that the agency
retaliated against him when, on February 29, 2008, agency officials made
false accusations against him, which encompasses the same allegation in
the instant complaint. The decision in EEOC Appeal No. 0120090612 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 (P0408)
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 (Z1008)
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
September 9, 2009
__________________
Date
2
0520090364
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090364