[Redacted], Janiece H., 1 Petitioner,v.Denis R. McDonough, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

Equal Employment Opportunity Commission

Dec 14, 2021

Petition No. 2021004802 (E.E.O.C. Dec. 14, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Major D.,1 Complainant, v. Margaret Weichert, Acting Director, Office of Personnel Management, Agency. Request No. 2020003959 Appeal No. 2019004952 Hearing No. 510-2017-00424X Agency No. 2016038 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Major D. v. Office of Pers. Mgmt., EEOC Appeal No. 2019004952 (Feb. 19, 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). Complainant, a GS-0510-12 Auditor at the Agency's Office of the Inspector General, Office of Audits, Community Rated Audits Group facility in Jacksonville, Florida, filed an EEO complaint alleging that the Agency discriminated against him on the bases of national origin (Puerto Rican), disability (depression and anxiety), and in reprisal for prior protected EEO activity when, on August 2, 2016, Complainant was not granted a reasonable accommodation in the form of a transfer to another group, the Advanced Claims Analysis Team, which is part of the Information Systems Audits Group. 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. 2020003959 2 The Agency investigated the complaint and notified Complainant of his right to request a hearing before an EEOC Administrative Judge. Complainant did so, but subsequently withdrew his request. The Agency thereupon issued a final decision finding no discrimination, from which Complainant appealed. In our previous decision affirming the Agency’s final decision, we noted that Complainant had been offered the alternative accommodation of being allowed to telecommute two days per week but had turned it down. With respect to Complainant’s claim of discrimination, we found that Complainant had failed to establish a prima facie case of discrimination on any basis. As a result, the Commission found that Complainant was not subjected to discrimination or reprisal as alleged. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at 9-18 (Aug. 5, 2015); 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. He has not presented any argument or evidence tending to establish the existence of either reconsideration criterion. Instead, he merely attempts to reargue his appeal on the merits, raising contentions similar to those that we considered and rejected in our previous decision. 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. 2019004952 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. 2020003959 3 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 October 6, 2020 Date