Melodee M.,1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Sep 21, 2020

2020003014 (E.E.O.C. Sep. 21, 2020)

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

Melodee M.,1
Complainant,

v.

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

Request No. 2020003014

Appeal No. 2020000240

Agency No. 200J-0583-2019103659

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2020000240 (February 5, 2020).
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).

In her underlying complaint, Complainant alleged that the Agency subjected her to
discriminatory harassment based on race (African-American), sex (female), and in reprisal for
prior protected EEO activity when:

a) On April 26, 2019, Complainant became the subject of false allegations in a report to VA
police about an incident that occurred on that date.

b) On April 29, 2019, Complainant was contacted by VA Police about the April 26, 2019
incident, and learned that she had been reported to the Threat Assessment Team (TAT).

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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c) On June 4, 2019, Complainant was subjected to a formal fact-finding investigation by
Labor Relations concerning the April 26, 2019 incident.

In its August 16, 2019 final decision, the Agency dismissed the instant formal complaint for
failure to state a claim, pursuant to 29 C.F.R. § 1614.107(a)(1). Complainant appealed. On
appeal, this Commission found the VA police did not pursue any action against Complainant and
Complainant did not allege that the Agency took any disciplinary or other adverse action against
her as a result of the incident. This Commission found viewing the allegations together and
assuming they occurred as alleged, Complainant fails to state a viable claim of a discriminatory
hostile work environment because they were insufficiently severe or pervasive to state a valid
claim. Additionally, this Commission found the Agency actions were not of a type reasonably
likely to deter Complainant or others from engaging in prior protected activity.

In her request for reconsideration, Complainant reiterates her contention that the Agency erred in
dismissing her complaint. We find, however, that Complainant’s arguments were fully
considered on appeal, and 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.
2020000240 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.

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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

September 21, 2020
Date