[Redacted], Antoinette L., 1 Complainant,v.Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.Download PDFEqual Employment Opportunity CommissionFeb 16, 2021Appeal No. 2020003132 (E.E.O.C. Feb. 16, 2021) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Antoinette L.,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Request No. 2021000976 Appeal No. 2020003132 Hearing No. 410-2019-00250X Agency No. 200I-702A-2018102859 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Antoinette L. v. Dep’t of Veterans Affairs, EEOC Appeal No. 2020003132 (October 14, 2020). 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 the Agency discriminated against her based on national origin (African American), color (black), sex (female), disability (Post-Traumatic Stress Disorder and borderline personality disorder), and in reprisal for prior EEO activity when: 1. From May 2017 to present, she was subjected to harassment and a hostile work environment, including sexual harassment, in the form of: 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. 2021000976 2 a. inappropriate comments/gestures both of a sexual nature and non-sexual nature; b. being threatened with physical violence; c. assigned to an isolated/inadequate cubicle; d. lies/false accusations made against her; e. work performance guideline issues; and f. refusal to align her under a new supervisor. 2. On March 2, 2018, she was notified of the cancellation/unused certificate for Supervisory Program Assistant for the GS-344-7 CBET-101300088-18-GFM position, when previously Complainant was deemed eligible and referred. 3. On March 26, 2018, she was notified of her nonselection for the Supervisory Program Assistant CBET-10130088-18-GFM position. 4. On October 1, 2018, she was issued an admonishment. 5. On November 5, 2018, she received a lowered FY18 performance evaluation (from Outstanding to Fully Successful) due to the issuance of the admonishment. After an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). On June 19, 2019, the AJ issued a decision by summary judgment in favor of the Agency. The Agency issued a final order adopting the AJ’s decision finding no discrimination. Complainant appealed. On appeal, the Commission affirmed the Agency’s final order and found summary judgment was appropriate. Complainant filed the instant request for reconsideration. 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. 2020003132 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. 2021000976 3 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 February 16, 2021 Date Copy with citationCopy as parenthetical citation