Sylvia B.,1 Complainant,v.Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Jan 29, 2016

0520150482 (E.E.O.C. Jan. 29, 2016)

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

Sylvia B.,1
Complainant,

v.

Robert McDonald,
Secretary,
Department of Veterans Affairs,
Agency.

Request No. 0520150482

Appeal No. 0120151190

Agency No. 200J-636D-2014104438

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120151190 (June
30, 2015). EEOC Regulations provide that the Commission may, in its discretion, grant a
request to reconsider any previous Commission decision 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
discrimination based on her sex, age, and in retaliation for her prior EEO activity when: (1) on
August 19, 2013, management issued her unfair discipline for a conversation with a coworker
that was blown out of proportion; (2) on November 15, 2013, her supervisor brought up
Complainant’s prior EEO activity in the presence of coworkers; (3) management failed to
promote her through November 15, 2013; and (4) on November 15, 2013, Complainant
resigned (constructive discharge). The Agency dismissed the complaint, pursuant to 29 C.F.R.
§ 1614.107(a)(2), for untimely EEO counselor contact. Specifically, the Agency found that
Complainant did not initiate EEO contact until August 14, 2014, which was beyond the 45-day
time limit. On appeal, the Commission affirmed the Agency’s dismissal.

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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In her request for reconsideration, Complainant contends, for the first time, that the Agency’s
dismissal of her complaint was improper because the issues identified in the notice of dismissal
are not the issues raised in her formal complaint. A review of the record, however, shows that
Complainant filed a formal complaint under Agency No. 200J-636D-2014104438, dated
November 14, 2014, raising the claims as identified above. Further, the record fully supports
the Commission’s decision affirming the Agency’s dismissal of this complaint for untimeliness.

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. 0120151190 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
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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, Director
Office of Federal Operations

January 29, 2016
Date