Carter R.,1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Feb 7, 2019

0520180600 (E.E.O.C. Feb. 7, 2019)

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

Carter R.,1
Complainant,

v.

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

Request No. 0520180600

Appeal No. 0120181520

Agency No. 200I-0516-2018100922

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120181520 (July 12, 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).

At the time of events giving rise to the underlying complaint, Complainant was hired as a Health
Technician, Audiology, GS-06 in March 2016. During the informal counseling process,
Complainant alleged that the Agency subjected him to discrimination on the basis of national
origin (Hispanic) when, on November 30, 2017, two Agency police officers at the Tampa VA
Medical Center, opened his office door without knocking and began accusing him (and a
colleague) of being another Hispanic member who they questioned earlier that morning.

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.
0520180600

2
When the matter could not be informally resolved, the Agency informed Complainant on
December 18, 2017, that he had 15 days to file a formal complaint of discrimination. On January
11, 2018, Complainant filed a formal complaint pertaining to the incident with the Tampa VA
police and identified race and national origin as the bases.

The Agency issued a Notice of Final Agency Decision on March 8, 2018. The Agency found that
Complainant filed his formal complaint more than 15-days after he received the Notice of Right
to File a Discrimination Complaint. Consequently, the Agency dismissed this claim pursuant to
29 C.F.R. §1614.107(a)(2) for failure to comply with the applicable 15-day time limit. On appeal,
the Commission affirmed the Agency’s decision to dismiss the formal complaint on the grounds
of untimely filing because Complainant failed to show that he was so incapacitated during the
applicable 15-day period as to prevent him from formally filing his complaint.

In his request for reconsideration, Complainant largely reiterates the same contentions that were
previously made and fully considered on appeal. 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. 0120181520 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.
0520180600

3
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

February 7, 2019
Date