Malinda F.,1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Feb 7, 2019

0520180605 (E.E.O.C. Feb. 7, 2019)

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