Sherley P,1 Complainant,v.Peter O’Rourke, Acting Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Jun 15, 2018

0520180289 (E.E.O.C. Jun. 15, 2018)

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

Sherley P,1
Complainant,

v.

Peter O’Rourke,
Acting Secretary,
Department of Veterans Affairs,
Agency.

Request No. 0520180289
Appeal No. 0120162173
Agency No. 200I-V107-2014104090

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120162173 (January 31, 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).

In her underlying complaint, Complainant alleged that the Agency subjected her to unlawful race
and reprisal discrimination when: (1) on July 14, 2014, she discovered that false statements were
made about her in an Office of Inspector General (OIG) report regarding “Improper Closure of
Non-VA Consults,” concerning treatment provided to veterans at community facilities rather
than at the VA facility; (2) according to the July 14, 2014 report she was accused of making a
recommendation in April 2014, to batch-close the remaining consults greater than 90 days; (3)
she alleged that statements made by certain management officials in the July 14, 2014 report
implicated her in dereliction of duty; (4) on September 12, 2014, she submitted a request for
promotion to the GS-14 grade level which was denied; (5) on November 6, 2014, management
issued her a proposed 3-day suspension; and (6) on December 23, 2014, the proposed suspension
was mitigated to a written admonishment.

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.
0520180289

2
In its final decision, the Agency found that Complainant failed to show that she was subjected to
unlawful race or reprisal discrimination. On appeal, the Commission affirmed the Agency’s final
decision.

Complainant has not raised any additional arguments or evidence in her request for
reconsideration. Accordingly, 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.
0120162173 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. 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

June 15, 2018
Date