EEOC Appeal 2020001353

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Roxanna B.,1
Complainant,
v.
Robert Wilkie,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 2020001353
Appeal No. 2019000404
Hearing No. 460-2016-00174X
Agency No. 2003-0580-2015105074
DISMISSAL
Complainant 	requested 	that 	the 	Equal 	Employment 	Opportunity 	Commission 	(EEOC 	or
Commission) reconsider its decision in EEOC Appeal No. 2019000404 (December 4, 2019).
On March 3, 2020, Complainant filed a civil action (identified as Civil Action No. 4:20-CV-00765)
in the United States District Court for the Southern District of Texas. The record further discloses
that the claims raised therein are the same as those raised in the instant complaint. The regulation
found at 29 C.F.R. § 1614.409 provides that the filing of a civil action "shall terminate Commission
processing of the appeal." Commission regulations mandate dismissal of the EEO complaint under
these circumstances to prevent a complainant from simultaneously pursuing both administrative
and judicial remedies on the same matters, wasting resources, and creating the potential for
inconsistent or conflicting decisions, and in order to grant due deference to the authority of the
federal district court. See Stromgren v. Dep’t of Veterans Affairs, EEOC Request No. 05891079
(May 7, 1990); Sandy v. Dep’t of Justice, EEOC Appeal No. 01893513 (October 19, 1989);
Kotwitz v. U.S. Postal Serv., EEOC Request No. 05880114 (October 25, 1988).
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.

2020001353	2
CONCLUSION
Accordingly, Complainant’s request is hereby DISMISSED. See 29 C.F.R. § 1614.409.
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. 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 26, 2020
Date