Edmond F.,1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Nov 16, 2020

2020004512 (E.E.O.C. Nov. 16, 2020)

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

Edmond F.,1
Complainant,

v.

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

Request No. 2020004512

Appeal No. 2020001833

Hearing No. 520-2017-00234X

Agency No. 200HVI032015101458

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Edmond F. v. Dep’t of Veterans Affairs, EEOC Appeal
No. 2020001833 (June 18, 2020). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29
C.F.R. § 1614.405(a), 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).

On April 9, 2015, Complainant filed an EEO complaint alleging that the Agency discriminated
against him on the bases of race (Caucasian), sex (male), and religion (Jewish), regarding six
allegations. The Agency dismissed the entire complaint. Upon appeal to the Commission, the
dismissal of five of the allegations were affirmed; however, the dismissal of allegation six,
Complainant’s assertion that he was discriminated against when, on December 19, 2014, he
became aware of C1’s, a former subordinate of Complainant, claims of discrimination as a pattern
that coincided with the Chief of Engineering vacancies not being posted or filled, was reversed.

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.
2020004512

2
This issue was remanded to the Agency for investigation. See Edmond F. v. Dep’t of Veterans
Affairs, EEOC Appeal No. 0120152528 (Apr. 22, 2016), request for reconsideration denied,
EEOC Request No. 0520160345 (Jul. 19, 2016). After the completion of the investigation,
Complainant elected a hearing, which resulted in an EEOC Administrative Judge (AJ) granting
summary judgment in the Agency’s favor. Upon Complainant’s appeal, the Commission affirmed
the Agency’s final order, which adopted the AJ’s decision.

In his request, Complainant, for the most part, reiterated arguments he previously made, and does
not provide any evidence to warrant granting the request. The Commission emphasizes 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) (Aug. 5, 2015), at 9-
18; see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 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. 2020001833 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 (Z0815)

If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request
permission from the court to proceed with the civil action without paying these fees or costs.
Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the
court to appoint an attorney for you. You must submit the requests for waiver of court costs or
appointment of an attorney directly to the court, not the Commission. The court has the sole
discretion to grant or deny these types of requests.

2020004512

3
Such requests do not alter the time limits for filing a civil action (please read the paragraph titled
Complainant’s Right to File a Civil Action for the specific time limits).

FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

November 16, 2020
Date