0520150261
08-11-2015
Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.
Complainant,
v.
Robert McDonald,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520150261
Appeal No. 0120132826
Hearing No. 560-2013-00015X
Agency No. 200306352011102989
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in Complainant v. Department of Veterans Affairs, EEOC Appeal No. 0120132826 (February 22, 2015). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision 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).
At the time of events giving rise to the underlying complaint, Complainant was a Program Specialist at the Agency's medical facility in Oklahoma City, Oklahoma. Complainant filed an EEO complaint alleging that the Agency discriminated against him on the bases of disability and reprisal when (A) he was placed on administrative absence status for 14 days, effective March 21, 2011; and (B) various officials subjected him to a hostile work environment when (1) on October 19, 2008, he was granted a temporary VA handicap parking pass versus a permanent pass; (2) in October 2008, Complainant was reassigned from the support services station; (3) on February 16, 2010, Complainant's request for a lap top was denied; (4) in May 2010, management accused Complainant of not disposing of vital records in accordance with established procedures; (5) on an unspecified date in September 2010, management intentionally deleted all of Complainant's outlook messages and disabled his computer and telephone; (6) on an unspecified date in 2010, Complainant's request for a lap top was denied a second time; (7) on March 21, 2011, Complainant was placed on administrative absence status for 14 days; (8) On March 21, 2011, Complainant was issued a notice of proposed termination; (9) on April 21, 2011, the facility's Director failed to accept Complainant's written submission challenging his proposed termination; and (10) on April 27, 2011, Complainant's request for supporting documentation related to the proposed termination was denied or refused.
Complainant appealed his termination to the Merit Systems Protection Board (MSPB). The Agency initially dismissed the entire complaint. In Appeal No. 0120120051 (March 9, 2012), the Commission upheld the dismissal of claim A given Complainant's appeal to the MSPB, but remanded claim B as a claim of harassment. The Agency completed its investigation and Complainant requested a hearing. Thereafter an Equal Employment Opportunity Commission Administrative Judge (AJ) found that claim A and claims B 7-10 were inextricably intertwined with the termination at issue in Complainant's appeal to the MSPB, and those issues were not before her. The AJ then dismissed the remaining claims, finding that Complainant failed to contact an EEO counselor in a timely manner as Complainant did not contact an EEO counselor until April 25, 2011. The Agency adopted the AJ's decision and the previous appellate decision affirmed the dismissal.
In his request for reconsideration, Complainant expresses his disagreement with the previous decision and reiterates arguments he has previously made. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, � VII.A. 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.
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. 0120132826 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 (Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request from the Court that the Court appoint an attorney to represent you and that the Court also permit you to file the action without payment of fees, costs, or other security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c). The grant or denial of the request is within the sole discretion of the Court. Filing a request for an attorney with the Court does not extend your time in which to file a civil action. Both the request and the civil action must be filed within the time limits as stated in the paragraph above ("Right to File a Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
August 11, 2015
__________________
Date
2
0520150261
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520150261