Serita B.,1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

Equal Employment Opportunity Commission

Dec 4, 2018

2019000254 (E.E.O.C. Dec. 4, 2018)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Serita B.,1
Complainant,

v.

Robert Wilkie,
Secretary,
Department of Veterans Affairs
(Veterans Health Administration),
Agency.

Request No. 2019000254

Appeal No. 0120170296

Hearing No. 420-2015-00030X

Agency No. 200305202014103097

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120170296 (July 13, 2018). 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).

Complainant worked as a Medical Support Assistant, GS-5, at the Agency’s Medical Center in
Biloxi, Mississippi. Complainant filed an EEO complaint alleging that she was subjected to
discrimination on the bases of race (African American), color (Black), national origin, and
reprisal when, on May 14, 2015, she was not selected for the position of Advanced Medical
Support Assistant, GS-6, under Vacancy Announcement No. RV-14-TRW-1076807.

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.
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2
Our prior appellate decision affirmed the Equal Employment Opportunity Commission
Administrative Judge’s (AJ) decision by summary judgment which found in favor of the Agency,
concluding Complainant failed to prove her discrimination claims. In his decision, the AJ found
that assuming, without finding, that Complainant did establish a prima face case of
discrimination, the responsible Agency officials articulated a legitimate nondiscriminatory
reason for Complainant’s non-selection in that the selectee was rated higher by the selection
panel. Complainant did not show that the Agency’s reasons were a pretext for discrimination.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and makes arguments she has made previously, questioning the selection process. 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. 0120170296 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.

2019000254

3
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 4, 2018
Date