[Redacted], Jon H, 1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

Equal Employment Opportunity Commission

Jan 6, 2021

Appeal No. 2019002776 (E.E.O.C. Jan. 6, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Jon H,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency. Request No. 2020005421 Appeal No. 2019002776 Hearing No. 430-2018-00006X Agency No. 200405902016103972 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019002776 (August 12, 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 had worked as a Head Nurse, at the Agency’s Medical Center in Hampton, Virginia. Complainant retired effective June 30, 2016. Shortly before he retired, Complainant initiated contact with an EEO Counselor but the matter could not be resolved informally. On September 30, 2016, Complainant filed the underlying formal complaint alleging that the Agency had subjected to discrimination based on his age, sex, race, and in reprisal for protected activity. Complainant described ten incidents between January 2016 and his retirement as discriminatory. 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 2020005421 Among them, Complainant stated he was denied an award that his similarly-situated co-workers received. Complainant accused managers of undermining his authority over the employees he supervised by reversing his decisions about his subordinates on matters including discipline, overtime and telework. Complainant claimed that because of his protected statuses he was falsely accused of retaliation, bullying and not being a team player. Following the Agency’s EEO investigative report, Complainant requested a hearing before an EEOC Administrative Judge (AJ). On February 11, 2019, the AJ issued a decision without a hearing in favor of the Agency. On February 25, 2019, the Agency issued a final order implementing the AJ’s decision finding no discrimination. Complainant appealed. In EEOC Appeal No. 2019002776, we affirmed the AJ’s decision concluding no discrimination or unlawful retaliation was established. In his request for reconsideration, Complainant expresses his disagreement with the previous decision and basically raises the same arguments that he has made previously and which were considered in our original appellate decision. 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 carefully reviewing the previous decisions 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. 2019002776 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. 3 2020005421 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 6, 2021 Date