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

Equal Employment Opportunity Commission

Aug 10, 2021

Appeal No. 2020003403 (E.E.O.C. Aug. 10, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Joelle L.,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Request No. 2021003285 Appeal No. 2020003403 Hearing No. 520-2017-00639X Agency No. 200H-0561-2016104550 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020003403 (March 29, 2021). 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 Medical Administrative Assistant, GS-7, at the Agency’s New Jersey Healthcare System, Lyons Campus, in Lyons, New Jersey. On September 6, 2016, Complainant filed a formal EEO complaint alleging that the Agency discriminated against her based on sex (female) 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. 2021003285 2 1. on February 12, 2016, Complainant complained that she was being paid less than a male Medical Administration Assistant (GS-9); and 2. from February 27, 2016,2 to present, management has failed to respond to Complainant’s report of contact regarding the matter of pay inequity. After its investigation, the Agency provided Complainant with a copy of the report of investigation and notice of right to request a hearing before an Equal Employment Opportunity Commission (EEOC or Commission) Administrative Judge (AJ). Complainant timely requested a hearing. The Agency submitted a motion for a decision without a hearing, which Complainant opposed. The AJ subsequently issued a decision by summary judgment in favor of the Agency. In his decision, the AJ acknowledged that Complainant and the male coworker (CW) performed the same work and had the same working conditions, yet were paid differently, but that the Agency transferred CW to Lyons from East Orange to remediate a harassment complaint.3 The AJ noted that the East Orange campus was a more complex facility and that the Agency had graded their Medical Administrative Assistants at the GS-9 level. The AJ determined that there was no genuine dispute about whether the GS level was inherently, theoretically gender-neutral and based on job requirements. In addition, the AJ found that there was no plausible path to conclude that the job classification was arbitrary or discriminatorily applied. The AJ determined that there were no plausible facts in dispute that CW’s GS level of the East Orange Medical Administration Assistants, which included CW and female employees, were subsequently determined to be incorrect and did not void the job-relatedness of the GS level. The AJ concluded that the salary difference fell into a permissible statutory exception, namely that the difference was due to a reason other than sex. The Agency issued its final order adopting the AJ’s finding that Complainant failed to prove discrimination as alleged. In EEOC Appeal No. 2020003403, we concluded that the evidence of record fully supported the AJ’s decision that Complainant’s allegations of discrimination had not been proven. In his request for reconsideration of that decision, Complainant essentially repeats the same arguments made and considered during his 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. 2 Although the Agency’s Notice of Acceptance listed the year as 2016, Complainant stated that 2015 was the correct year for both of her claims. 3 The record shows that CW became a GS-9 in 1994 and was reassigned to Lyons in 2008. 2021003285 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. 2020003403 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 August 10, 2021 Date