0520140486
02-06-2015
Complainant v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.
Complainant
v.
Robert McDonald,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520140486
Appeal No. 0120141455
Agency No. 200P-0756-2012102494
DENIAL
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120141455 (June 20, 2014). 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).
The previous decision affirmed the Agency's determination that it was not in breach of any settlement agreement between the parties because there was no valid settlement agreement which had been signed by the parties. Although the parties had entered into settlement talks while Complainant's EEO complaint was pending before an EEOC Administrative Judge (AJ), no agreement had been reached, and the AJ concluded the hearing process and issued a decision on October 18, 2013. The Agency issued an order implementing the AJ's decision on November 8, 2013.1 Thereafter, Complainant attempted to accept the Agency's settlement terms, and then to allege that the terms had been breached. The Agency determined that there had been no meeting of the minds. The previous decision affirmed the Agency's finding that there was no settlement agreement of which it could have been in breach.
Complainant notified the Commission of her intention to request reconsideration of the previous decision and requested an extension of time to file her argument in support of her request for reconsideration. Complainant has not filed any argument in support of her request. The Agency filed a brief in which it urged the Commission to deny Complainant's request for reconsideration.
We find that Complainant's request for reconsideration fails to show that our previous decision involved a clearly erroneous interpretation of material fact or law, or that it would have a substantial impact on the policies, practices or operations of the Agency. We remind Complainant that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) 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. 0120141455 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
February 6, 2015
Date
1 The Commission has no record of Complainant filing an appeal from the Agency's November 8, 2013, final decision implementing the AJ decision finding no discrimination.
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0520140486
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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