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

Equal Employment Opportunity Commission

Mar 2, 2021

Appeal No. 2020004255 (E.E.O.C. Mar. 2, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Kasie L.,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Request No. 2021001045 Appeal No. 2020004255 Agency No. 200I-0355-2020104240 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Kasie L. v. Dep’t of Veterans Affairs, EEOC Appeal No. 2020004255 (Oct. 26, 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 filed a formal complaint alleging that the Agency subjected her to discrimination and a hostile work environment on the bases of religion (Catholic) and disability when: 1. Complainant was harassed when, on February 7, 2020, she reported that her supervisor left a voice message on her cell phone stating that she was absent without leave (AWOL) since January 27, 2020; and during her meeting with him on January 30, 2020, he acted agitated, his neck was “red” and as he was calculating the amount of leave without pay (LWOP) hours she would qualify for, he stood up suddenly and stated, “your boss is the devil;” and 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. 2021001045 2 2. Complainant’s request for disability retirement was denied by the Office of Personnel Management (OPM) on April 16, 2020. Complainant expressed her belief that her supervisor’s submission of a Supervisory Statement to OPM was “misdated, tampered, spoiled” and led to the denial of her disability retirement and was reprisal for reporting comments that the supervisor made on January 30, 2020, that he was the devil. In the previous decision, the Commission affirmed the Agency’s final decision dismissing Complainant’s complaint pursuant to 29 C.F.R. § 1614.107(a)(1) on the grounds it failed to state a claim and constituted a collateral attack on OPM processes. As in her initial appeal, Complainant argues that Claim (2) does not constitute a collateral attack, but rather is an instance of retaliation and harassment by her supervisor. 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), Chap. 9 § VI.A (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. Complainant has not presented any persuasive evidence to support reconsideration of the Commission’s decision. 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. 2020004255 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. 2021001045 3 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 March 2, 2021 Date