[Redacted], Leota F., 1 Complainant,v.Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Jan 31, 2023

Appeal No. 2021003104 (E.E.O.C. Jan. 31, 2023)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Leota F.,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Request No. 2022004375 Appeal No. 2021003104 Hearing No. 420-2021-00063X Agency No. 2003-0586-2020102653 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Leota F. v. Dep’t of Veterans Affairs, EEOC Appeal No. 2021003104 (July 12, 2022). 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). Complainant, a Clinical Pharmacist at the Agency’s G.V. Sonny Montgomery Medical Center in Jackson, Mississippi, filed a formal EEO complaint alleging that the Agency discriminated against her on the bases of her race (African-American), disability, and in reprisal for prior protected EEO activity when: 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. 2022004375 2 1. On January 21, 2020, the In-Patient Pharmacy Supervisor, also Complainant’s first- line supervisor (S1), required Complainant (and only African-American staff person) to “compound IV Chemotherapy using the hazardous chemical Peridox;” 2. On February 7, 2020, S1 denied Complainant's reasonable accommodation request to not work with the chemical Peridox; 3. On March 13, 2020, S1 emailed Complainant the requirement to use Peridox, without providing the properly fitting mask and adequate ventilation; 4. From March 23, 2020 through May 8, 2020, Complainant was denied telework; and 5. On May 8, 2020, Complainant's employment was terminated during her probationary period. Following an investigation, the Agency issued a final decision after an EEOC Administrative Judge (AJ) dismissed Complainant’s hearing request as untimely filed. The Agency then issued a decision finding that Complainant was not subjected to discrimination or reprisal as alleged. In the appellate decision, the Commission affirmed the final decision. In her request for reconsideration, Complainant expresses her disagreement with the previous decision and largely reiterates arguments previously made on appeal. Among her arguments, Complainant renews her contentions that she timely requested a hearing and that the record supports her claims that she was subjected to discrimination and denied reasonable accommodation. We have reviewed the various arguments raised by Complainant in the instant request for reconsideration. However, we can find no basis to disturb the Commission's prior decision. Complainant presents arguments which were previously raised and considered or could have been raised during the original appeal. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. Thus, we conclude that Complainant has not presented any persuasive evidence to support reconsideration of the Commission's decision. 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. 2021003104 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2022004375 3 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. 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 January 31, 2023 Date