[Redacted], Maren K., 1 Complainant,v.Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.Download PDFEqual Employment Opportunity CommissionAug 5, 2021Appeal No. 2020001898 (E.E.O.C. Aug. 5, 2021) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Maren K.,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Request No. 2021003066 Appeal No. 2020001898 Hearing Nos. 550-2017-00208X 550-2019-00196X Agency Nos. 200P-0648-2016101772 200P-0648-2018102190 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020001898 (March 24, 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 Support Assistant, GS-0679-06, at the Agency’s Compensation and Pension Call Center at the Veterans Affairs Community Based Outpatient Clinic in Hillsboro, Oregon. 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. 2021003066 2 On January 3, 2016 and March 15, 2016 (and subsequently amended), Complainant filed EEO complaints alleging discrimination and a hostile work environment by the Agency based on sex (female), race (African American) and reprisal for prior EEO activity when: (i) she was asked where she was, why her door was closed, if she was on break, and if she was logged in, and she was accused of not being respectful and of sending an unauthorized email; (ii) on other occasions, an employee was defended for calling her names, she was verbally counseled for taking a 45-minute lunch break, counseled in writing for excessive absenteeism, and was required to be on the phone as a scheduler; (iii) a lead person (a) advised someone that Complainant should not ask questions, and (b) was allowed to be informal with doctors, to speak her native Filipina language, and to refer to her subordinate staff as children; (iv) Complainant was informed that her workstation would be moved, she received written counseling for poor customer service, she was asked to join a telephone conversation, others were asked about her taking inbound calls, and an employee was allowed to sell cosmetics at work; (v) she was summoned for a counseling session which never occurred, issued a Letter of Reprimand for cause, her desk was searched, and she was subjected to an internal security investigation for possible wrongdoing; (vi) some of her leave was changed to leave without pay and her leave without pay changed to “away without leave,” she was once suspended for two days for cause and, at other times, was improperly charged with being absent without leave; (vii) co-workers with less seniority were approved for leadership training, she was given a “hard time” when requesting leave to attend to her academic course work, and was not offered compensatory time off; and (viii) when she retired, her final paycheck was delayed, and she was notified that she owed money to the canteen. After its investigation into the complaints, the Agency provided Complainant with copies of the reports of investigation and notice of her right to request hearings before an Equal Employment Opportunity Commission Administrative Judge (AJ). Complainant timely requested hearings and the complaints were consolidated. The Agency submitted a motion for summary judgment. 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. 2021003066 3 In EEOC Appeal No. 2020001898, we concluded that the evidence of record fully supported the AJ’s decision that Complainant’s allegations of discrimination had not been proven. In her request for reconsideration of that decision, Complainant essentially repeats the same arguments made and considered during her 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. 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. 2020001898 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. 2021003066 4 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 5, 2021 Date Copy with citationCopy as parenthetical citation