Malinda F.,1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.Download PDFEqual Employment Opportunity CommissionFeb 7, 20190520180605 (E.E.O.C. Feb. 7, 2019) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Malinda F.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency. Request No. 0520180605 Appeal No. 0120181651 Agency No. 200P-0010-2017100998 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120181651 (July 24, 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). The record indicates that Complainant, a former Agency employee, contacted an EEO Counselor on December 6, 2016, alleging that from 2013, through September 2014, she was harassed by management. In March 2017, the parties entered into a settlement agreement and on March 6, 2017, Complainant withdrew her case. Thereafter, Complainant alleged breach of the subject agreement. On August 17, 2017, the Agency issued a decision voiding the subject agreement since there was no written agreement. Upon Complainant’s appeal, the Commission, in EEOC Appeal No. 0120172887 (January 25, 2018), found that the Agency properly determined that the unwritten agreement was void for lack of consideration. The Commission remanded the subject matter to the Agency for further processing. 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. 0520180605 2 Accordingly, the Agency issued Complainant a notice of right to file a complaint. On September 2, 2017, Complainant filed her formal complaint based on race, sex, and disability. On October 24, 2017, the Agency issued its final decision dismissing the complaint due to untimely EEO Counselor contact pursuant to 29 C.F.R. § 1614.107(a)(2). Specifically, the Agency indicated that the alleged incidents occurred in or prior to September 2014, but Complainant did not contact an EEO Counselor until December 6, 2016, which was beyond the 45-day time limit set by the regulations. Upon Complainant’s appeal, the Commission affirmed the Agency’s final decision dismissing the complaint. In her request, Complainant does not provide any evidence to grant her request. 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. 0120181651 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. 0520180605 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 February 7, 2019 Date Copy with citationCopy as parenthetical citation