[Redacted], Elden R., 1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Jan 14, 2021

Appeal No. 2020000610 (E.E.O.C. Jan. 14, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Elden R.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency. Request No. 2021000699 Appeal No. 2020000610 Agency No. 2003-0575-2019102404 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Elden R. v. Dep’t of Veterans Affairs, EEOC Appeal No. 20-2000-0610 (Sept. 9, 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, Physician (Psychiatrist) at the Agency's VA Medical Center in Grand Junction, Colorado, filed an EEO complaint in which he alleged that the Agency subjected him to discrimination on the bases of sex (male) and age when: 1. From December 6, 2018 through the present, CN, the Chief of Mental Health, denied Complainant's request for assistance and/or training on the Computerized Patient Record System; 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. 2021000699 2 2. On December 14, 2018, CN issued Complainant a performance evaluation that included notes containing suggestions on improving his performance, and concerns about his “compliance;” 3. On December 14, 2018, CN told Complainant, “You will not be receiving any bonus pay because of your poor performance;” 4. On December 20, 2018, EH, Acting Chief of Staff, failed to take action when Complainant notified him that CN “disregards his concerns;” 5. On January 16, 2019, CN denied Complainant's request to have time blocked out during the day, so that he could complete required training in the Talent Management System; 6. On January 18, 2019, CN suspended Complainant's clinical privileges for “safety concerns;” 7. On January 21, 2019, CN reassigned the Complainant from his position as a Psychiatrist and Pain Management Physician, Mental Health Department, to Quality, Safety, and Value Department; 8. On February 22, 2019, CN reassigned Complainant from the Quality, Safety, and Value Department to the Education Department; and 9. On March 6, 2019, CN initiated an administrative fact-finding against the Complainant, regarding his mishandling of paperwork, delays in completion of patient notes, and poor work performance. The Agency dismissed the complaint on the grounds that Complainant failed to file his complaint within the 15-day time limit prescribed in the Commission’s complaint processing regulations. In our previous decision, we affirmed, finding that Complainant had received notice of his right to file on June 10, 2019 but did not file his formal complaint until July 2, 2019. 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), at 9-18 (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. Complainant has not done so here. He has not presented any argument or evidence tending to establish the existence of either reconsideration criterion. He merely raises the same contentions that we considered and rejected in our previous decision. 2021000699 3 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. 2020000610 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. 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 January 14, 2021 Date