Vance C.,1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Apr 4, 2019

2019001191 (E.E.O.C. Apr. 4, 2019)

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

Vance C.,1
Complainant,

v.

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

Request No. 2019001191

Appeal No. 0120170548

Agency No. 200I06752012104300

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120170548 (September 13, 2018).
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 worked as a Social Worker in the Mental Health Clinic of
the VA Medical Center in Orlando, Florida. Believing that he was subjected to a hostile work
environment based on his race and in reprisal for his prior protected EEO activity, Complainant
filed a formal EEO complaint. Following an investigation, Complainant requested a hearing
before an EEOC Administrative Judge (AJ). The AJ conducted a hearing over four days.
Complainant and ten witnesses provided testimony. On September 30, 2016, the AJ issued a
decision finding no discrimination. The Agency issued a final order implementing the AJ’s
decision. Complainant appealed the decision to the Commission.

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.
2019001191

2
In the prior decision, we found that the AJ’s decision, finding no discrimination, was supported
by substantial evidence. Complainant did not prove that he was subjected to discrimination,
based on race and reprisal, as alleged. See Complainant v. Department of Veterans Affairs,
EEOC Appeal No. 0120170548 (September 13, 2018).

In his request for reconsideration, Complainant’s attorney reiterates arguments presented on
appeal. For example, Complainant’s attorney contends that the Commission “failed to apply the
proper legal standard for motivating factor” and “failed to analyze any of the extensive evidence
generated by Complainant.”2 Without providing details, Complainant argues that the
Commission’s decision is clearly erroneous. Further, he asserts that failing to address the errors
in the appeal will cause “the federal EEO process within the VA, which is in complete disarray,
[to] worsen.” 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) (rev.
Aug. 5, 2015), at 9-18; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736
(Aug. 20, 2007). Here, we find that Complainant is simply making broad, grand statements, and
asking the Commission to re-read and re-consider the brief presented on appeal. Such efforts to
not meet the requirements nor purpose of reconsideration.

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. 0120170548 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

2 Complainant’s attorney repeatedly refers to the Commission as “CFO”, when we believe he
means “OFO” (the Office of Federal Operations). He also contends that the “VA administrative
judges have routinely rubber-stamped discovery abuses by the Agency.” The Commission
reminds Complainant’s attorney that hearings are conducted by EEOC AJs.
2019001191

3
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

April 4, 2019
Date