Mickie B.,1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.Download PDFEqual Employment Opportunity CommissionOct 12, 20180520180492 (E.E.O.C. Oct. 12, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Mickie B.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency. Request No. 0520180492 Appeal No. 0120173036 Hearing No. 443-2016-00012X Agency No. 200J-0537-2015101949 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120173036 (June 27, 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). At the time of events giving rise to this complaint, Complainant worked as a Clinical Instructor/Interventional Technologist, GS-10, with the Diagnostic Radiology Service at an Agency Medical Center in Hines, Illinois. On March 6, 2015, Complainant filed her complaint alleging discrimination when she was subjected to a hostile work environment in reprisal for prior protected EEO activity in that: 1. On February 3, 2015, an X-ray Technician refused to assist her with lifting a patient; 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. 0520180492 2 2. On February 11, 2015, the Radiology Manager accused her of disruptive behavior; 3. On February 14, 2015, a coworker informed her that her supervisor was going to write her up; 4. On February 26, 2015, she was told to attend an investigative meeting regarding the February 3 incident; and 5. On March 13, 2015, she was issued a proposed 3-day suspension. After the investigation of the complaint, Complainant requested a hearing before an EEOC Administrative Judge (AJ). On August 30, 2017, the AJ issued a decision without a hearing finding no discrimination. On September 18, 2017, the Agency issued a final order adopting the AJ’s finding of no discrimination. Upon Complainant’s appeal, the Commission affirmed the Agency’s final order finding no discrimination. In her request, Complainant reiterates arguments she previously made. 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. 0120173036 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. 0520180492 3 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 October 12, 2018 Date Copy with citationCopy as parenthetical citation