0520180311
07-19-2018
Lashawna L,1 Complainant, v. Peter O'Rourke, Acting Secretary, Department of Veterans Affairs, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Lashawna L,1
Complainant,
v.
Peter O'Rourke,
Acting Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520180311
Appeal No. 0120152570
Hearing No. 510-2015-00228X
Agency No. 200I00102014103161
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120152570 (February 21, 2018). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. � 1614.405(a), 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).
Complainant was a Contract Specialist, GS-11, at the West Palm Beach Veteran Affairs Healthcare System in West Palm Beach, Florida. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of sex (female) and disability when she was subjected to harassment. Complainant alleged that (1) on March 27, 2014, her first line supervisor (S1), Product Line Contracting Supervisor for Services and Commodities, sent an email instructing all staff members to keep their door open during working hours unless they were meeting with a vendor or engaged in a sensitive phone conversation; (2) on April 3, 2014, in response to her request for clarification on behalf of her therapist regarding "the specific OSHA requirement" that stipulated how far open she need to keep her door, S1 indicated that her door "needed to be completely opened," which was a "direct violation of the terms and conditions he agreed to" as an accommodation when she returned to work in January 2013; (3) for three and a half years, S1 "placed greater restrictions and requirement" on her than her co-workers; (4) she was "forced to process her procurements utilizing a two-tiered review system," while her co-workers used the standard "one-tiered system"; and (5) by email message dated and effective April 8, 2014, she submitted her resignation due to the "relentless harassment, targeting and implementation of stricter requirements" to which she was subjected (constructive discharge).
Complainant requested a hearing, but subsequently withdrew her request. Our prior appellate decision affirmed the Agency's final decision that concluded that Complainant failed to prove that the Agency subjected her to discrimination or harassment as alleged. The decision specifically denied Complainant's request to remand the case back to an EEOC Administrative Judge for a hearing, finding that Complainant provided no evidence that her decision to withdraw a hearing request was involuntary or she was so physically or emotionally incapacitated as to be unable to make a sound decision at that time.
In her request for reconsideration, Complainant raises many of the same arguments that she raised below. 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. Complainant 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. 0120152570 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 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
July 19, 2018
__________________
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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