[Redacted], Mellissa F, 1 Complainant,v.Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.Download PDFEqual Employment Opportunity CommissionDec 7, 2021Appeal No. 2020001272 (E.E.O.C. Dec. 7, 2021) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Mellissa F,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Request No. 2021004043 Appeal No. 2020001272 Agency No. 200H-0523-2016102490 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020001272 (June 16, 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 Licensed Practical Nurse, GS-6, at the Boston Healthcare System in West Roxbury, Massachusetts. Complainant filed a complaint claiming a hostile work environment based on disability. Complainant alleged that her supervisor would not speak to her, asked Complainant’s co- workers to provide information to Complainant, had co-workers provide information regarding Complainant’s performance, failed to speak to Complainant about incidents which occurred, and threatened to reassign Complainant to a different campus; her supervisor stated to Complainant that she did not agree with Complainant’s treatment plan for her medical condition; her 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. 2021004043 2 supervisor had Complainant’s former co-worker access Complainant’s medical records and disclosed Complainant’s medical information to co-workers, which was a violation of the Rehabilitation Act; and her supervisor accused Complainant of grabbing a co-worker and throwing her across the hallway and threatened to assign her to the MSDU unit. After an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ), but subsequently withdrew that request. The assigned EEOC AJ dismissed the request and remanded the case to the Agency. Thereafter, the Agency issued a final decision concluding the evidence of record did not establish any discrimination. Complainant appealed. In EEOC Appeal No. 2020001272, the Commission dismissed Complainant’s appeal as untimely. In the instant request for reconsideration, we have carefully reviewed Complainant’s arguments and determine that these same matters were raised and properly addressed in our initial appellate decision. While Complainant still claims that the Agency’s final decision indicated she had ninety days to file an appeal, an examination of the final decision shows the Agency properly notified Complainant that she had thirty days to file an appeal with this Commission. The ninety days she references were to file a civil action in federal court, as clearly stated in the Agency’s decision. We emphasize that a request for reconsideration is not a second appeal to the Commission. 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. 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. 2020001272 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. 2021004043 3 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 December 7, 2021 Date Copy with citationCopy as parenthetical citation