Jonelle R.,1 Complainant,v.Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Apr 14, 2016

0520160126 (E.E.O.C. Apr. 14, 2016)

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

Jonelle R.,1
Complainant,

v.

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

Request No. 0520160126

Appeal No. 0120152419

Agency No. 200I05082013100537

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120152419 (November 12, 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).

The record indicates that in order to resolve Complainant’s complaint alleging discrimination
on the part of the Agency, the parties entered into a settlement agreement dated February 9,
2015, wherein the Agency agreed to: (a) a lateral transfer of Complainant, as a Medical Lab
Technician, to a new Lawrenceville CBOC at 1970 Riverside Parkway, Lawrenceville,
Georgia, 30044, when the expansion project is completed; (b) to remove any admonishment
currently existing in her Official Personnel File; (c) to permit her to work overtime the same as
all other employees and consistent with all rules, regulations, union contracts, and policies; and
(d) to pay to her a total of $1,000. On April 22, 2015, Complainant alleged that the Agency
breached item (a) of the settlement agreement because she had not been transferred to
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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Lawrenceville CBOC facility. Complainant did not allege that the Agency breached provisions
(b), (c), or (d) of the agreement. After its investigation of Complainant’s breach claim, the
Agency determined that it did not breach item (a) of the settlement agreement. Upon
Complainant’s appeal, the Commission affirmed the Agency’s determination of no settlement
breach.

In her request for reconsideration, Complainant reiterates her arguments she previously made
on appeal. It is noted that item (a) of the settlement agreement clearly indicates that
Complainant would be transferred to the facility at issue when the expansion project therein is
completed. If Complainant wished her transfer to occur prior to the completion of the facility
expansion, such term should have been specifically expressed in the settlement agreement.

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. 0120152419 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 the

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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 14, 2016
Date