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

Equal Employment Opportunity Commission

Sep 9, 2021

Appeal No. 2020003296 (E.E.O.C. Sep. 9, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Soo C.,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Request No. 2021003384 Appeal No. 2020003296 Hearing No. 520-2019-00253X Agency No. 200H-0523-2018101796 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020003296 (March 15, 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 an Assistant Nurse Manager at the Agency’s Boston Healthcare System in West Roxbury, Massachusetts. On April 28, 2018, Complainant filed an EEO complaint alleging that the Agency harassed her on the bases of national origin (Native American) and age (over 40), and in reprisal for filing the instant EEO complaint, from December 20, 2017, through September 17, 2018, when: 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. 2021003384 2 1. Complainant was required to “check-in” with management on a daily basis; 2. Complainant was made to work on off-central computers in an open area; 3. Complainant was denied conclusions of a fact-finder’s report conducted during the periods of her detail assignments; and 4. Complainant was told that she was the “aggressor” and questioned regarding the reason for pursuing her doctorate degree. Complainant also alleged that the Agency discriminated against her based on her national origin and age, and in reprisal for filing the instant EEO complaint, when: 5. On December 20, 2017, Complainant was directed to be detailed to a Staff Nurse position in Urgent Care, Jamaica Plain Division; 6. On January 11,2 018, Complainant was directed to be detailed to a Staff Nurse position in Employee Education, Brockton Division; 7. On February 26, 2018, Complainant learned that she was not selected for the position of Resource Nurse, Jamaica Plain, from VISTA email announcement number 79982993; 8. On April 24, 2018, Complainant learned that she was not selected for the position of Veteran Health Education Coordinator (VN-0610-00), from vacancy announcement number CAZW-10157570-18-KNA; 9. On June 5, 2018, Complainant learned that her submission for the nursing newsletter was declined; and 10. On September 17, 2018, Complainant learned that she was not selected for the position of Shared Governance Coordinator. After its investigation into the complaint, the Agency provided Complainant with a copy of the report of investigation (ROI) and notice of right of to request a hearing before an Equal Employment Opportunity Commission (EEOC or Commission) Administration Judge (AJ). Complainant timely requested a hearing. The Agency submitted a motion for a decision without a hearing, which Complainant opposed. The AJ subsequently issued a decision by summary judgment in favor of the Agency.2 2 The AJ noted that Complainant alleged two new claims of discrimination wen she was “forced to retire” and when the Agency failed to return her to her original position after the investigations into the complaints by two of Complainant’s subordinates. However, the AJ noted that neither claim was properly before her because they were not raised at any time prior to Complainant’s response to the Agency’s Motion for Summary Judgement. 2021003384 3 In EEOC Appeal No. 2020003296, we concluded that the evidence of record fully supported the AJ’s decision that Complainant’s allegations of discrimination had not been proven. In the request for reconsideration of that decision, Complainant essentially repeats the same arguments made and considered during his 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. 2020003296 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. 2021003384 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 September 9, 2021 Date