Dom Wadhwa, Complainant,v.Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionAug 20, 2009
0520090522 (E.E.O.C. Aug. 20, 2009)

0520090522

08-20-2009

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. 0520090522

Appeal No. 0120080385

Agency No. 200J-0642-2007103308

DENIAL

Complainant timely requested reconsideration of the decision in Dom

Wadhwa v. Department of Veterans Affairs, EEOC Appeal No. 0120080385

(May 7, 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).

The record reveals that complainant's request for reconsideration

concerns a July 31, 2007 complaint in which complainant alleged that he

was subjected to unlawful discrimination on the basis of national origin

(East Indian) and in reprisal for prior EEO activity, in violation of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e

et seq. In that complaint, complainant alleged that he was discriminated

against and harassed when (a) his superiors did not respond to his

request to stop a criminal investigation; (b) the Interim Director did

not respond to his request to stop the criminal investigation; (c) he was

falsely arrested; (d) and, his access to his office and computer were

restricted. On October 2, 2007, the agency issued a final decision in

which it dismissed complainant's complaint on the basis that complainant

filed civil actions in United States District court regarding the same

matters raised in his EEO complaint, in accordance with 29 C.F.R. �

1614.107(a)(3). In a decision dated May 7, 2009, the Commission found

that the agency properly dismissed complainant's complaint.

In his request for reconsideration, complainant contends that the agency

did not conduct a thorough investigation of his EEO complaint, and the

investigative report contains untruthful and unsubstantiated information.

Complainant further contends that he continuously has been subjected to

a hostile work environment. Upon review, we determine that our previous

decision properly concluded that complainant filed a civil action (Civil

Action No. 07-2750) in the United States District Court for the Eastern

District of Pennsylvania on July 3, 2006 that raises the same matters

contained in complainant's EEO complaint. Complainant's reconsideration

arguments do not eclipse 29 C.F.R. � 1614.107(a)(3), which states that

the agency shall dismiss a complaint that is the basis of a pending

civil action in a United States District Court.

Consequently, 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. The decision in EEOC Appeal No. 0120080385 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

_____8/20/09_____________

Date

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0520090522

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0520090522