[Redacted], Hilda A., 1 Complainant,v.Dat Tran, Acting Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Jan 28, 2021

Appeal No. 2019002483 (E.E.O.C. Jan. 28, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Hilda A.,1 Complainant, v. Dat Tran, Acting Secretary, Department of Veterans Affairs, Agency. Request No. 2021000811 Appeal No. 2019002483 Hearing No. 430-2016-00439X Agency No. 200405582016100331 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019002483 (September 16, 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 worked as a Medical Support Assistant at the Agency’s Healthcare System in Durham, North Carolina. Complainant filed an EEO complaint alleging she was subjected to a hostile work environment based on her disability and reprisal, raising five claims that involved matters related to leave without pay, absence without leave, and a return to duty letter. 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. 2021000811 2 Complainant requested a hearing, and thereafter an EEOC Administrative Judge issued a decision by summary judgment concluding Complainant did not prove that the Agency subjected her to a discriminatory hostile work environment. The Agency adopted the AJ’s decision and Complainant appealed. Our prior decision dismissed Complainant’s appeal as untimely filed. Complainant filed an appeal of another complaint (2004-0058-2015101066), and then when she submitted her brief on July 25, 2018, she raised a “consolidated appeal” and included the instant complaint number. The prior decision found that the July 25, 2018 brief was the date the appeal for the instant complaint was filed, for which a final decision had been issued on May 24, 2018. Thus, it was found to be untimely. In her request, Complainant asserts her appeal was timely and that she sent it in June 2018. She includes a document that references “27 incidents.” It does not carry a complaint number or a hearing number. 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. 2019002483 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. 2021000811 3 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 28, 2021 Date