Complainant,v.Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Mar 12, 2015

0520150001 (E.E.O.C. Mar. 12, 2015)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

,
Complainant,

v.

Robert McDonald,
Secretary,
Department of Veterans Affairs,
Agency.

Request No. 0520150001

Appeal No. 0120122730

Hearing No. 440-2011-00217X

Agency No. 200JV1122011101188

DENIAL
Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120122730 (September 18, 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).
In our prior decision, we affirmed an AJ’s decision granting summary judgment for the
Agency. Complainant alleged that he was discriminated against on the basis of his race
(White) when he was not selected for the position of Pipefitter. The AJ found that
Complainant’s response to the screen-out question did not provide the panel members with
sufficient detail to conclude he merited a higher rating which was the reason he was not
referred for selection. By contrast, the AJ found that “the selectee (African American)
provided a three-paragraph response to the screen out question about his work experience.”
Our prior decision noted that Complainant did not respond to the Agency’s motion for
summary judgment to assert a material fact in dispute; Complainant did not provide any
evidence that his application response on the screen-out question was more complete than the
four candidates who moved forward in the selection process; and four other candidates, of
varying races, were also screened out for the same reason as Complainant. In his request for
reconsideration, Complainant simply states that he has been a Pipefitter for forty years.

0520150001

2
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. 0120122730 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

Date
March 12, 2015