Request No. 2019003049Download PDFEqual Employment Opportunity CommissionJul 26, 20192019003049 (E.E.O.C. Jul. 26, 2019) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Ted L.,1 Class Agent, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency. Request No. 2019003049 Appeal No. 0120182368 Hearing Nos. 520-2015-00521X, 520-2016-00444, and 520-2016-00445X Agency Nos. 200H-0632-2014101342, 200H-0632-2015103328, and 200H-0632-2015105355 DECISION ON REQUEST FOR RECONSIDERATION Class Agent requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120182368 (April 11, 2019). 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). In his three underlying complaints, as amended, Class Agent alleged that he had been subjected to harassment based on his race (White) and/or retaliatory animus from November 2013 through December 2015. Class Agent requested his complaints be treated as class complaints. 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. 2019003049 2 The Agency referred the three class complaints to an EEOC Administrative Judge (AJ) for class certification. The AJ issued a consolidated decision denying class certification. In addition, the AJ dismissed the class complaints, as well as the Class Agent’s underlying individual complaints subsumed into it, pursuant to 29 C.F.R. § 1614.107(a)(3). The AJ noted the Class Agent had filed a civil action in the Eastern District of New York which mirrored his administrative complaints. The Agency subsequently issued a final order fully implementing the AJ’s decision. Class Agent appealed the Agency’s final order to the Commission. In our previous decision, the Commission determined Class Agent had filed a civil action in the Eastern District of New York alleging class-wide discrimination by the Agency on the bases of race and retaliation for events from 2003 to at least 2017, involving the same allegations of disparate treatment and discriminatory harassment of White employees as those raised in his administrative complaints. The Commission found the AJ properly dismissed the three administrative class complaints and the underlying individual complaints of the Class Agent that were subsumed into his class complaints.2 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. 0120182368 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 2 We note the referenced civil action is still pending in the Eastern District of New York. 2019003049 3 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 July 26, 2019 Date Copy with citationCopy as parenthetical citation