0520090522
08-20-2009
Dom Wadhwa, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Dom Wadhwa,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520090522
Appeal No. 0120080385
Agency No. 200J-0642-2007103308
DENIAL
Complainant timely requested reconsideration of the decision in Dom
Wadhwa v. Department of Veterans Affairs, EEOC Appeal No. 0120080385
(May 7, 2009). 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(b).
The record reveals that complainant's request for reconsideration
concerns a July 31, 2007 complaint in which complainant alleged that he
was subjected to unlawful discrimination on the basis of national origin
(East Indian) and in reprisal for prior EEO activity, in violation of
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e
et seq. In that complaint, complainant alleged that he was discriminated
against and harassed when (a) his superiors did not respond to his
request to stop a criminal investigation; (b) the Interim Director did
not respond to his request to stop the criminal investigation; (c) he was
falsely arrested; (d) and, his access to his office and computer were
restricted. On October 2, 2007, the agency issued a final decision in
which it dismissed complainant's complaint on the basis that complainant
filed civil actions in United States District court regarding the same
matters raised in his EEO complaint, in accordance with 29 C.F.R. �
1614.107(a)(3). In a decision dated May 7, 2009, the Commission found
that the agency properly dismissed complainant's complaint.
In his request for reconsideration, complainant contends that the agency
did not conduct a thorough investigation of his EEO complaint, and the
investigative report contains untruthful and unsubstantiated information.
Complainant further contends that he continuously has been subjected to
a hostile work environment. Upon review, we determine that our previous
decision properly concluded that complainant filed a civil action (Civil
Action No. 07-2750) in the United States District Court for the Eastern
District of Pennsylvania on July 3, 2006 that raises the same matters
contained in complainant's EEO complaint. Complainant's reconsideration
arguments do not eclipse 29 C.F.R. � 1614.107(a)(3), which states that
the agency shall dismiss a complaint that is the basis of a pending
civil action in a United States District Court.
Consequently, after reconsidering 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(b), and it is the decision of the Commission to
deny the request. The decision in EEOC Appeal No. 0120080385 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 (P0408)
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 (Z1008)
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
_____8/20/09_____________
Date
2
0520090522
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0520090522