[Redacted], Carol Richards, a/k/a Allene R., 1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Feb 22, 2021

Appeal No. 2019004067 (E.E.O.C. Feb. 22, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Carol Richards, a/k/a Allene R.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency. Request No. 2021000971 Appeal No. 2019004067 Agency No. 2003-0686-2015103348 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019004067 (September 23, 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 period at issue, Complainant worked as a Supervisor Food Service at the Agency’s Eastern Kansas Health Care System in Leavenworth, Kansas. On August 20, 2015, Complainant filed a formal EEO complaint claiming the Agency discriminated against her and subjected her to a hostile work environment based on race (African- American) and in reprisal for prior 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. 2 2021000971 1. on March 26, 2015, Complainant’s supervisor (S1) issued her a written Memorandum of Counseling; 2. from March 26 to August 6, 2015, S1 required her to sign in and out to attend diversity meetings; 3. on May 22, 2015, S1 required her to prepare information for training, and to have staff members sign off on the information; 4. on June 11. 2015, S1 singled her out to write the training agenda, and to train staff members on dishwashing procedures; 5. on June 22, 2015, S1 disapproved her request for compensatory time; 6. on June 22, 2015, S1 instructed her to certify the time book, even though no one ever trained her to perform this duty; 7. on June 30, 2015, S1 issued her a written Letter of Admonishment; and 8. on July 8, 2015, S1 instructed her to calculate weights, measures, and amounts of food items, even though no one ever trained her to perform these duties. After its investigation into the complaint, the Agency provided Complainant with a copy of the report of investigation and notice of the right to request a hearing before an EEOC Administrative Judge (AJ). Complainant timely requested a hearing, but the AJ dismissed the hearing request due to her failure to submit a prehearing report as ordered and remanded the matter to the Agency for a final decision based on the evidence developed during the investigation. Thereafter, the Agency issued a final decision, which Complainant appealed. In the prior appellate decision, the Commission affirmed the Agency’s determination that Complainant failed to prove her discrimination and harassment claims. In her request for reconsideration of that decision, Complainant essentially repeats the same arguments made and considered during her original appeal. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, § VII.A. 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. Complainant has not done so here. 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. 2019004067 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 3 2021000971 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. 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 22, 2021 Date