0520150050
03-19-2015
Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.
Complainant,
v.
Robert McDonald,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520150050
Appeal No. 0120130339
Hearing No. 560-2011-00171X
Agency No. 200306572010102113
DENIAL
Complainant timely requested reconsideration of the decision in Complainant v. Department of Veterans Affairs, EEOC Appeal No. 0120130339 (September 19, 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).
At the time of events giving rise to the underlying complaint, Complainant worked as a Licensed Practical Nurse at the John Cochran VAMC in St. Louis, Missouri. Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (Caucasian), sex (female) and reprisal when: (1) on February 9, 2010, she learned that her supervisor (S1) did not submit her education documents for tuition reimbursement; (2) on February 15, 2010, S1 did not submit Complainant's application for promotion to the Nurse Professional Standards Board; (3) on September 10, 2010, S1 gave Complainant a written reprimand; and (4) on November 3, 2010, Complainant received a fully successful performance evaluation rating which she interpreted as a rating of "less than adequate."
The matter was investigated and Complainant initially requested a hearing, but later withdrew her request. Our prior appellate decision affirmed Agency's decision which concluded that Complainant failed to prove her discrimination claims.
In her request for reconsideration, Complainant expresses her disagreement with the previous decision and presents some of the same arguments she raised on appeal.1 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. 0120130339 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
March 19, 2015
__________________
Date
1 Complainant also submits information showing that S1 was removed from the Agency in October 2013, and that his appeal regarding the matter was dismissed by the Merit Systems Protection Board for lack of jurisdiction. We note that the removal occurred three years after the incidents in the instant complaint.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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