U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Romeo K.,1
Complainant,
v.
Robert Wilkie,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 2020001641
Appeal No. 2019001642
Agency No. 200P-0570-2017104339
DECISION ON REQUEST FOR RECONSIDERATION
Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2019001642 (September 18, 2019).
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 his underlying complaint, Complainant alleged the Agency subjected him to discrimination
based on race (African-American), sex (male), age (over 40), and in reprisal for prior EEO
activity when, on June 12, 2017, he was terminated during his probationary period. Following an
investigation, Complainant requested a final decision from the Agency.
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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The Agency issued a final decision, finding no discrimination as alleged. On appeal, the
Commission affirmed the Agency’s final decision. Specifically, the Commission found
Complainant failed to establish by a preponderance of the evidence that discrimination occurred.
We noted the Agency established legitimate nondiscriminatory reason for removing Complainant
from his position due to his unacceptable conduct when he put his signature on a document to get
a veteran into certain housing that Complainant did not have authority to do. We found other
than his bare assertions, Complainant failed to produce evidence to establish that this explanation
was pretext to mask discrimination and/or retaliation. Additionally, we found Complainant’s
purported comparators were not similarly situated as there is no indication that they engaged in
misconduct similar to that of Complainant.
In his request for reconsideration, Complainant reiterates his contentions in his brief on appeal
that the Agency erred in finding no discrimination as alleged. 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. 2019001642 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
August 27, 2020
Date
