[Redacted], Annie F, 1 Complainant,v.Denis R. McDonough, Secretary, Department of Veterans Affairs (Veterans Benefits Administration), Agency.

Equal Employment Opportunity Commission

Sep 21, 2021

Appeal No. 2021002830 (E.E.O.C. Sep. 21, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Annie F,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs (Veterans Benefits Administration), Agency. Appeal No. 2021002830 Agency No. 2003-0580-2021100112 DISMISSAL OF APPEAL By notice of appeal postmarked April 7, 2021, Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from a. final Agency decision (FAD) dated March 5, 2021, dismissing her complaint of employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. At the time of events giving rise to this complaint, Complainant was a participant in the Agency's Vocational Rehabilitation Program, Compensation Work Therapy/Enriched Transitional Work (CWT/ETW) at its Michael E. DeBakey VA Medical Center in Houston, Texas. On January 20, 2021, Complainant filed an equal employment opportunity (EEO) complaint alleging that the Agency subjected her to discrimination and harassment based on sex (female) and reprisal for prior protected EEO activity under Title VII (rejecting sexual advances) as evidenced when the following (as defined by the Agency) occurred: 1) On January 11, 2020, the Vocational Rehabilitation Services Manager of CWT/ETW (“Manager”) told her since he got her back into the program, she owed him and needs to pay her dues by giving him “fellatio…nothing intimate just head…” and whatever they do, it will be fast and quick. 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. 2021002830 2 2) From January 11, 2020 thru March 10, 2020, the Manager made inappropriate remarks and advances towards her and used meal tickets to try and manipulate her into giving him sexual favors and having personal conversations with her. 3) On March 1, 2020, the Manager intimidated her by creating a false report that she was witnessed vandalizing another ETW employee’s car. 4) On March 10, 2020, she was released from the ETW program without a justified reason. 5) On August 3, 2020, she became aware that the Manager gave her a negative employment reference for the positions she interviewed for at a job fair at the Houston George Brown Convention Center regarding a Secretary position and a Purchasing Agent position in Prosthetics Service of the Houston VAMC. Complainant received the FAD on March 5, 2021, by email. On March 5, 2021 at 1:58 PM, after receiving notice of the FAD, Complainant asked by email for the password to access the FAD, and the Agency provided it by email less than 30 minutes later. With the FAD, the Agency advised Complainant of the 30 day time limit (per 29 C.F.R. § 1614.402(a) & .3(c)) to appeal to the Commission, and the contact information to do so. In her Wednesday, April 7, 2021 appeal, Complainant confirms she received the FAD on March 5, 2021. This is beyond 30 day time limit. Complainant has not offered any justification for an extension of the applicable time limit for filing her appeal. Accordingly, the appeal is DISMISSED. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0920) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that tend to establish 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. Requests for reconsideration must be filed with EEOC’s Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). 2021002830 3 Complainant should submit his or her request for reconsideration, and any statement or brief in support of his or her request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx Alternatively, Complainant can submit his or her request and arguments to the Director, Office of Federal Operations, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFO receives it by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files his or her request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the request for reconsideration. The Commission will consider requests for reconsideration filed after the deadline only in very limited circumstances. See 29 C.F.R. § 1614.604(c). COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610) 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. If you file a request to reconsider and also file a civil action, filing a civil action will terminate the administrative processing of your complaint. 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. 2021002830 4 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 September 21, 2021 Date