Marc L.,1 Complainant,v.Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Jan 31, 2017

0520170054 (E.E.O.C. Jan. 31, 2017)

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

Marc L.,1
Complainant,

v.

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

Request No. 0520170054

Appeal No. 0120143078

Hearing No. 520-2013-00013X

Agency No. 200H-0005-2011103024

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120143078
(September 26, 2016). 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 his underlying complaint, Complainant alleged that the Agency discriminated against him on
the bases of race (African-American), color (black), and in reprisal for prior protected activity
under Title VII. Complainant alleged 39 examples thereof, some with subparts. Specifically,
as summarized below, Complainant alleged:

1. Numerous illustrations of the Agency constricting his work and authority by doing
things such as his Agency first line supervisor (S1) sometimes performing some of his
duties; instances of S1 going to vendors for advice and support rather than to him; at

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.
0520170054

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the behest of S1, a permanent employee was trained on how to perform his functions;
toward the end of his employment his second line Agency supervisor (S2) solicited
permanent employees to perform one of his responsibilities; S1 restricted and/or cut off
his access to vendor bills, accounts and reports; S1 cut off his authority to make direct
orders and service/product transactions with vendors; S1 asked him to do reports based
on inaccurate source information, and S1 did not give him access to the shared outlook
calendar;
2. S1 communicated with and treated him in a stark and at times harsh manner- since
2008, he warned Complainant that his position was going to be phased out; S1 accused
him of sending vendor invoices to his personal email account and ordering a device
without prior approval; in a conversation S1 repeatedly asked him about an online
account S1 restricted him from, S1 shouted at him in a heated argument; S1 emailed
him that unless he coordinated his time off with S1, Complainant would need to arrange
a substitute and if they could not resolve this S1 would seek the intervention of the
contracting officer, and S1 placed the email thread on this exchange in the quarterly
report for the contracting officer; when he questioned S1 on why he scoured his
government personal computer, S1 was rude and condescending to him; and toward the
end of his employment S2 directed him to provide the Agency copies of the timesheets
he gave to his staffing firm;
3. He was not permanently hired, nor retained on contract;
4. He was required to have a clearance, while contractor Comparison 1 (Hispanic) was
not;
5. On March 23, 2012, his Agency fourth line supervisor (S4) advised him that the
contract provision for his service to the Agency would not be renewed past June 30,
2012; and
6. On May 11, 2012, he was terminated.

At the conclusion of the investigation, the Agency provided Complainant with a copy of the
report of investigation and notice of his right to request a hearing before an Equal Employment
Opportunity Commission Administrative Judge (AJ). Complainant requested a hearing. The
AJ issued a decision without a hearing finding no discrimination. There is no evidence that the
Agency thereafter issued a final action. Accordingly, the AJ’s decision became the Agency’s
final action pursuant to 29 C.F.R. § 1614.109(i). Complainant appealed the Agency’s final
action to the Commission. In EEOC Appeal No. 0120143078 (September 26, 2016), the
Commission affirmed the Agency’s final action finding no discrimination or reprisal.

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. 0120143078 remains the
Commission's decision. There is no further right of administrative appeal on the decision of
the Commission on this request.
0520170054

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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. 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

January 31, 2017
Date