Queen L,1 Complainant,v.Robert Wilkie, Acting Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Apr 5, 2018

0520180177 (E.E.O.C. Apr. 5, 2018)

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

Queen L,1
Complainant,

v.

Robert Wilkie,
Acting Secretary,
Department of Veterans Affairs,
Agency.

Request No. 0520180177

Appeal No. 0120152969

Hearing No. 520-2013-00335X

Agency No. 200H-0632-2012101809

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120152969 (November 28, 2017).
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).

In her underlying complaint, Complainant alleged that the Agency subjected her to unlawful
race, sex, and reprisal discrimination and harassment when: (1) on January 12, 2012, she was re-
exposed to a patient’s recurrent sexual harassment when the patient entered her clinic area and
was actively seeking to gain her attention; (2) on January 27, 2012, she attempted to obtain a
copy of the police report she’d filed two days earlier, but was informed that the report didn’t
exist; (3) on January 30, 2012, she was again informed that the police report didn’t exist and that
the patient’s escort was removed in September 2011, meaning that management failed 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.
0520180177

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properly notify her of the change to the escort status of the patient; (4) management failed to
follow up on her administrative grievance in a timely manner; (5) management failed to
adequately implement a written assurance that the patient would be moved to an alternative
clinic, which resulted in the patient repeatedly coming to Complainant’s clinic; (6) on May 24-
25, 2012, management failed to act reasonably and carry out written assurances to avert recurrent
offenses when the patient was again on premises without a police escort; (7) from July 1 to
September 14, 2012, the ambulatory chief of service/patient care/emergency room increased her
panel size to eight new patients a day; (8) on August 22, 2012, the director and the ambulatory
chief no longer provided her the time to continue in her role as core faculty for Stony Brook
University Hospital’s residency program; (9) on September 5, 2012, the ambulatory chief of
service/R&D director did not allow her to continue in her role as the Introduction to Clinic
Medicine site director; and (10) on October 3, 2012, the director assigned her to a team to cover
patients of the ambulatory chief of service and the chief of staff in their absence.

Following an investigation, Complainant requested a hearing before an Equal Employment
Opportunity Commission Administrative Judge (AJ). The AJ assigned to the case held a hearing,
and subsequently issued a decision finding no discrimination. Specifically, the AJ found that the
Agency articulated legitimate, nondiscriminatory reasons for its actions that Complainant failed
to show were pretextual. The AJ further determined that Complainant’s hearing testimony was
not entirely credible, and that she failed to show that she was subjected to unlawful harassment.
The Agency’s final order adopted the AJ’s decision finding no discrimination. On appeal, the
Commission affirmed the Agency’s final order.

In her request for reconsideration, Complainant largely reiterates arguments made, and fully
considered on appeal. Accordingly, 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.
0120152969 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.

0520180177

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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

April 5, 2018
Date