05A30343
03-18-2003
Visalakshi Malladi, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Visalakshi Malladi v. Department of Veterans Affairs
05A30343
March 18, 2003
.
Visalakshi Malladi,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A30343
Appeal No. 01A15418
Agency Nos. 961758, 97-0332, 97-1670, 98-3161
Hearing No. 130-A0-8048X
DENIAL OF REQUEST FOR RECONSIDERATION
Visalakshi Malladi (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Visalakshi Malladi v. Department of Veterans Affairs, EEOC
Appeal No. 01A15418 (November 6, 2002). Complainant alleged that she was
discriminated against in violation of Title VII of the Civil Rights Act of
1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. and Section 501
of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29
U.S.C. � 791 et seq. Specifically, The record reveals that complainant,
a Staff Physician at the agency's Tuskegee, Alabama facility, filed EEO
complaints alleging that the agency discriminated against her on the
bases of race (Asian-Pacific), national origin (Indian), sex (female),
disability (poliomyelitis), and reprisal for prior EEO activity when:
(1) she was rated unsatisfactory on her proficiency report for the
period March 17, 1995 to March 17, 1996;
her staff was asked to remove her belongings from the Office of the
Chief, Physical Medicine and Rehabilitation Services (PM&RS) without
allowing her ample time to remove them herself;
on May 8, 1996, a doctor changed an order that she had written;
on July 9, 1996, a Physician Assistant countersigned a referral and
consult;
on September 30, 1996, a copy of a letter she received regarding the
removal of an admonishment from her official personnel folder was sent
to two other employees;
a medical panel charged with investigating her complaint of ethical
violations of a doctor only interviewed the other doctor, and not
complainant;
on April 4, 1997, she received a satisfactory performance rating instead
of an outstanding rating; and
the agency concluded that the qualifications for the Physician/Manager
(Specialized Examination Unit) position did not include complainant's
qualifications in the position description, but subsequently the agency
selected an individual with qualifications similar to complainant's.
EEOC Regulations provide that the Commission may, in its discretion,
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(b).
After a review of complainant's request for reconsideration, 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(b), and it is the
decision of the Commission to deny the request. The decision in EEOC
Appeal No. 01A15418 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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 (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
March 18, 2003
__________________
Date