[Redacted], Juanita K., 1 Complainant,v.Denis R. McDonough, Secretary, Department of Veterans Affairs, (Veterans Benefits Administration), Agency.

Equal Employment Opportunity Commission

Feb 2, 2023

Appeal No. 2021002594 (E.E.O.C. Feb. 2, 2023)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Juanita K.,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, (Veterans Benefits Administration), Agency. Request No. 2022004650 Appeal No. 2021002594 Agency No. 2003-0362-2019103073 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Juanita K. v. Veterans Affairs, EEOC Appeal No. 2021002594 (July 26, 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). During the relevant time, Complainant was employed by the Agency as a Claims Assistant in Houston, Texas. 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. 3 2022004650 On July 30, 2019, Complainant filed a formal EEO complaint claiming the Agency discriminated against her based on her race, sex, disability, and age when: the Agency denied a leave request after previously approving the request; her medical information was uploaded on a shared drive, and remained available for one month; she was accused of sick leave abuse; she was issued a written counseling; she was informed that she would be terminated; she was issued written counseling and forced to respond to a Wounded Warrior incident; various leave requests were denied in February and March 2019; on March 12, 2019, she was denied annual leave, advanced sick leave, or leave without pay, and was charged as absent without leave for March 8, 11, and 12, 2019; in March and April 2019, she was denied annual and sick leave requests; in March and April 2019, she was issued written counseling; she was charged absent without leave for 15 minutes on April 4, 2019; in April 2019, her employment was terminated during her probationary period. The Agency dismissed four claims for untimely EEO contact, but noted that these claims were accepted as evidence of an alleged ongoing hostile work environment. After the Agency investigation of the remaining claims, Complainant did not request a hearing in the time frame provided in 29 C.F.R. § 1614.108(f). The Agency issued a final decision finding no discrimination. In Appeal No. 2021002594, the Commission affirmed the Agency’s final decision, finding no discrimination. In the instant request for reconsideration, Complainant raises arguments which either were raised, or which could have been raised below. 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), Chap. 9 § VI.A (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. 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. 2021002594 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. 4 2022004650 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 February 2, 2023 Date