[Redacted], Joana C., 1 Complainant,v.Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Feb 6, 2023

Appeal No. 2021000651 (E.E.O.C. Feb. 6, 2023)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Joana C.,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Request No. 2022004912 Appeal No. 2021000651 Agency No. 200I-0673-2020101254 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Joana C. v. Dep’t of Veterans Affairs, EEOC Appeal No. 2021000651 (Aug. 17, 2022). 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 March 11, 2020, Complainant filed a formal complaint alleging discrimination based on disability and age when: 1. In October 2017, Complainant’s third-level supervisor ordered Complainant to leave the work unit. 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. 2022004912 2 2. From October 23, 2017, through September 26, 2018, Complainant was denied leave and she was assigned an alternate work assignment instead of a light duty assignment for an on-the-job injury. 3. In May 2018, Complainant was reassigned from the Poly Trauma/Chronic Pain Outpatient Clinic to Spinal Cord Injury Outpatient Clinic. 4. From October 15, 2018, through May 2019, Complainant was assigned to the Haley Cove Nursing Administration Office without job assignments, isolated from staff, and not provided an accommodation in the form of a cushioned chair, computer wrist rest, and footrest. 5. From September 26, 2018, through June 2019, Complainant was stripped of her Certified Nursing Assistant license. 6. From May 2019, through June 7, 2019, Complainant was assigned to the Spinal Cord Injury Nursing Administration Office without job assignments, isolated from staff, and not provided an accommodation in the form of a cushioned chair, computer wrist rest, and footrest. 7. From October 2018, through May 2019, Complainant was exposed to cleaning and insecticide products that triggered her medical condition. 8. Complainant’s reasonable accommodation request of October 12, 2018, for a sedentary position with no direct patient contact or a telework position was not granted. 9. On December 20, 2019, Complainant was issued an unfavorable annual performance evaluation for FY 2018. 10. On June 5, 2019, Complainant’s third-level supervisor instructed Complainant to apply for disability retirement or be terminated. 11. From June 7, 2019, through September 19, 2019, Complainant was forced to use her sick and annual leave. 12. In October 2019, Complainant was never issued a performance evaluation for FY 2019. 13. From September 20, 2019, through November 15, 2019, Complainant was forced to use her sick and annual leave. 14. Effective November 15, 2019, Complainant was removed from her agency employment. 2022004912 3 The Agency issued a decision finding that Complainant failed to prove that the Agency subjected her to discrimination as alleged. Complainant appealed, and the Commission’s prior decision affirmed the Agency’s decision. In her request, Complainant provides no evidence to warrant granting her 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. 2021000651 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. 2022004912 4 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 February 6, 2023 Date