[Redacted], Breanna S., 1 Complainant,v.Dat Tran, Acting Secretary, Department of Veterans Affairs, Agency.Download PDFEqual Employment Opportunity CommissionFeb 9, 2021Appeal No. 2020003684 (E.E.O.C. Feb. 9, 2021) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Breanna S.,1 Complainant, v. Dat Tran, Acting Secretary, Department of Veterans Affairs, Agency. Request No. 2021000462 Appeal No. 2020003684 Hearing Nos. 570-2017-00756X, 570-2018-00777X Agency Nos. 2004-0699-2016102380, 2004-0688-2018100937 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Breanna S. v. Dep’t of Veterans Affairs, EEOC Appeal No. 2020003684 (Sept. 21, 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). Complainant and the Agency entered into a settlement agreement on July 26, 2019, in resolution of two EEO complaints. By letter to the Agency dated October 28, 2019, Complainant alleged that the Agency had breached the settlement agreement. 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. 2021000462 2 According to Complainant, the Agency failed to reinstate 191.30 hours of her sick leave and failed to pay her attorney’s fees and compensatory damages. Complainant requested specific performance and an order requiring the Agency to pay all of her attorney’s fees and costs associated with the breach. The Agency issued a final determination finding that it had complied with all but one term of the settlement agreement. The Agency determined that Complainant’s sick leave had not been fully restored. The Agency further stated that it would notify Agency officials that they had 30 calendar days to provide sufficient evidence of compliance with the sick leave restoration provision. On appeal, the Commission found that a breach had occurred, but that the Agency had cured the breach, and Complainant failed to show any ongoing non-compliance. In her request for reconsideration, Complainant expresses her disagreement with the previous decision and reiterates arguments previously made on appeal. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. We find that Complainant has not presented any argument or evidence that satisfies the criteria of a 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. 2020003684 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. 2021000462 3 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 February 9, 2021 Date Copy with citationCopy as parenthetical citation