[Redacted], Lula N., 1 Complainant,v.Dat P. Tran, Acting Secretary, Department of Veterans Affairs, Agency.Download PDFEqual Employment Opportunity CommissionFeb 2, 2021Appeal No. 2020001357 (E.E.O.C. Feb. 2, 2021) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Lula N.,1 Complainant, v. Dat P. Tran, Acting Secretary, Department of Veterans Affairs, Agency. Request No. 2021000359 Appeal No. 2020001357 Hearing No. 451-2016-00170X Agency No. 2003-0740-2015104038 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020001357 (September 10, 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). During the period at issue, Complainant worked as a GS-0644-9 Medical Technologist at the Agency’s Texas Valley Coastal Bend VA Healthcare System facility in Harlingen, Texas. On September 23, 2015, Complainant filed an EEO complaint alleging that the Agency unlawfully retaliated against her for prior EEO activity when, on May 26, 2015, her supervisor denied her request to have a flexible tour of duty to attend a college class. 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. 2021000359 2 After its investigation into the complaint, the Agency provided Complainant with a copy of the report of investigation and notice of the right to request a hearing before an EEOC Administrative Judge (AJ). Complainant timely requested a hearing. The Agency submitted a motion for a decision without a hearing. The AJ subsequently issued a decision by summary judgment in favor of the Agency. The Agency issued its final order adopting the AJ’s finding that Complainant failed to prove discrimination as alleged. In her decision, the AJ found that the formal complaint could be resolved without a hearing because no genuine dispute of material fact or questions of credibility existed. Complainant’s supervisor stated Complainant’s request to change her duty was denied because there was no policy or regulation for the modified work schedule Complainant had requested. In addition, the supervisor could not grant Complainant’s request because of workload and staffing concerns. In EEOC Appeal No. 2020001357, we affirmed the AJ’s decision to grant a decision by summary judgment, concluding Complainant failed to adequately establish material facts in dispute that required a hearing. The decision went on to conclude that, to the extent Complainant was alleging disparate treatment, the preponderance of the evidence did not establish that retaliatory animus played any role in the events at issue. 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. 2020001357 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. 2021000359 3 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 February 2, 2021 Date Copy with citationCopy as parenthetical citation