Julian L.,1 Complainant,v.Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Mar 18, 2016

0520160105 (E.E.O.C. Mar. 18, 2016)

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

Julian L.,1
Complainant,

v.

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

Request No. 0520160105

Appeal No. 0120151740

Agency No. 2001-0508-2010-103297

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120151740 (October 14, 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).

In his underlying complaint, Complainant claimed that he was discriminated against in reprisal
for his prior EEO activity under Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000e et seq. when: (1) he was informed that he was not qualified for the position of
Administrative Officer Pharmacy, VIN976962; (2) he was informed that he was not qualified
for the position of Administrative Officer Pharmacy, MS 14 DAW 1222053; and (3) on
December 10, 2014, he was informed that the position of Administrative Officer Pharmacy,
MS-15 TMB 1256851-BU, for which he applied and was found eligible, was canceled to
prevent him from being selected. In its final decision, the Agency dismissed the complaint
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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pursuant to EEOC Regulation 29 C.F.R. § 1614.107(a)(2) on the grounds that Complainant
failed to file the complaint in a timely manner. On appeal, the Commission addressed
Complainant’s arguments and found that the Agency properly dismissed the complaint.

In his request to reconsider, Complainant contends that our prior decision should be reversed
because he had the intent to file his complaint but on the day he sent the fax, he learned from
the Agency that it came through blank. Complainant acknowledges that he did not resend his
Notice of Right to File a Complaint and that he did not file a formal complaint. Complainant
argues that the EEO Counselor knew he had the intent to file a formal complaint.
Additionally, Complainant maintains that the travel time involved in his military service should
result in the filing period being extended by eight days.

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. 0120151740 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

March 18, 2016
Date