[Redacted], Shaunda D., 1 Complainant,v.Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.Download PDFEqual Employment Opportunity CommissionOct 17, 2022Appeal No. 2021001565 (E.E.O.C. Oct. 17, 2022) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Shaunda D.,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Request No. 2022003829 Appeal No. 2021001565 Agency No. 200H-0620-2019103567 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2021001565 (June 7, 2022). 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 Mail Clerk, GS-5, at the Agency’s Hudson Valley Health Care System in Montrose, New York. On June 24, 2019, Complainant filed a formal complaint alleging she was unlawfully retaliated against for engaging in protected activity (previously filed EEO complaints in 2014 and 2019) when from March to December 2019, she was subjected to comments, intimidation, police searching her car and coat, and not being allowed to leave early or make her own schedule. Complainant also raised the following three claims: 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. 2022003829 2 1. On April 2, 2019, she was directed to use leave being 20 minutes late for work; 2. On October 2, 2019, Complainant was issued a written counseling; and 3. On Wednesday, November 27, 2019 (the day before Thanksgiving), she had to remain at work to wait for packages while other employees were allowed to leave 59 minutes early. After an investigation, Complainant was provided a copy of the report of investigation and notice of the right to request a hearing before an EEOC Administrative Judge. In accordance with Complainant’s request, the Agency issued a final decision on December 1, 2020, pursuant to 29 C.F.R. § 1614.110(b), finding no discrimination. Complainant filed an appeal of the Agency’s final decision. In EEOC Appeal No. 2021001561, we found that the Agency provided legitimate, nondiscriminatory reasons for its actions in claims 1, 2, and 3 for which Complainant failed to establish were pretext for discrimination. Further, as to her claim of harassment, our previous decision held that Complainant failed to establish that she was subjected to any actions based on her prior protected EEO activity. As such, the previous decision affirmed the Agency’s final decision. In the instant request for reconsideration, nothing that Complainant has submitted supports a determination that the prior decision affirming the Agency’s final order was in error. 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. 2021001565 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. 2022003829 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 October 17, 2022 Date Copy with citationCopy as parenthetical citation