0520160124
05-03-2016
Hung P.,1 Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Hung P.,1
Complainant,
v.
Robert McDonald,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520160124
Appeal No. 0120141721
Hearing No. 443-2011-00060X
Agency Nos. 200J-0695-2010102498 and 200J-0695-2011101533
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120141721 (December 3, 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).
During the period at issue, Complainant worked as a Part-Time Housekeeping Aide at the Agency's work facility in Milwaukee, Wisconsin.
Our prior appellate decision affirmed the Agency's final order.
In his Request for Reconsideration, Complainant argues that the AJ erred in finding no discrimination. We note that Complainant provided extensive arguments in the appeal of our prior decision. His arguments on his request for reconsideration encompass a variety of matters, including the assertion that several Agency officials treat him differently than similarly situated employees, especially with regard to his behavior towards others which led to police complaints being filed against him for threatening behavior. Specifically, Complainant states the police complaints were false and that he was the one assaulted but no action was taken to investigate these violations and his reports of Agency management's behavior towards him.
We note, however, that this matter was expressly addressed and properly analyzed by the Commission in the prior decision. Specifically, the Commission determined that the AJ consolidated Complainant's two complaints and granted the Agency's motion for summary judgment on the claim covering his five non-selections. The AJ then held a hearing on the remaining claims of disparate treatment and harassment, finding no discrimination. As the Commission has, therefore, expressly addressed this matter in the prior decision, we will not revisit this matter herein. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, � VII.A. 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. The Agency 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. 0120141721 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 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 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 Hadden, Director
Office of Federal Operations
May 3, 2016
__________________
Date
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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