[Redacted], Audrea L.,1 Complainant,v.Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Apr 7, 2021

Appeal No. 2020000248 (E.E.O.C. Apr. 7, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Audrea L.,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Request No. 2021001745 Appeal No. 2020000248 Agency No. 200I-0316-2017100120 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020000248 (December 17, 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). During the relevant time, Complainant worked as a Loan Technician, GS-1165-11, at the Agency’s Atlanta Regional Office in Decatur, Georgia. On November 29, 2016, Complainant filed an EEO complaint alleging that the Agency discriminated against her and subjected her to a hostile work environment in reprisal for prior protected EEO activity when: 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. 2021001745 2 1. On August 8, 2016, the Loan Guaranty Officer told Complainant because she was a “special case,” she was not allowed to use her personal equipment when Agency equipment was not working properly while she was teleworking; 2. Since and around August 10, 2016, Complainant has been subjected to excessive surveillance through scheduled conference calls twice daily; 3. On September 28, 2016, despite the fact that Complainant submitted a request for leave within 24 hours, the Supervisory Loan Specialist told Complainant that she was also required to call the office prior to taking leave; and 4. After being out of work for nearly three years, Complainant was only given 30 days of refresher training.2 Following an investigation, Complainant initially requested a hearing before an Administrative Judge, but subsequently withdrew the request. The Agency issued the instant final decision, finding no discrimination. In EEOC Appeal No. 2020000248, the Commission found that Complainant has not shown that she was subjected to a retaliatory hostile work environment. Moreover, to the extent Complainant claimed that she was subjected to disparate treatment, the Commission found that Complainant proffered no evidence from which a reasonable fact finder could conclude that the Agency's explanation for its actions was pretext for reprisal. As a result, the Commission found that Complainant was not subjected to reprisal or a hostile work environment as alleged. 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. 2020000248 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. 2 The Agency dismissed an additional claim regarding the alleged actions of a Department of Labor’s Office of Workers’ Compensation Programs (OWCP) examiner on the grounds that it constituted a collateral attack on the OWCP process. Complainant raised no challenges regarding this matter on appeal and the Commission did not address it further. 2021001745 3 “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 April 7, 2021 Date