EEOC Appeal 2020000800

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Lin A,1
Complainant,
v.
Robert Wilkie,
Secretary,
Department of Veterans Affairs
(Veterans Health Administration),
Agency.
Request No. 2020000800
Appeal No. 0120181582
Hearing No. 430-2016-00291X
Agency No. 200I05442015103743
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120181582 (September 17, 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, practice.
Complainant worked as a Supervisory Science Specialist at the Agency’s medical center located in
Columbia, South Carolina. In the underlying complaint, Complainant claims that the Agency
discriminated against her based on race when her supervisory duties were realigned, when she
was notified of non-selection for promotion, and when she had to share her office with a newly
hired employee.
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.

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Following the Agency’s investigation of the complaint, Complainant requested a hearing before
an EEOC Administrative Judge (AJ). The Agency moved for the AJ to render a decision without
a hearing. 	Over Complainant's objections, the AJ granted the Agency’s motion and issued a
decision by summary judgment, finding no discrimination. 	Complainant appealed. 	In EEOC
Appeal No. 0120182688, this Commission affirmed the Agency’s final order implementing the
AJ’s decision in favor of the Agency.
In requesting reconsideration, Complainant reasserted her appellate position that the Agency had
unlawfully considered her race in altering the nature and conditions of her job and when it non-
selected her. Previously, the Commission determined the Agency’s realignment reorganization of
Complainant’s organization was a legitimate reason for changing Complainant’s responsibilities
and having Complainant shake workspace with a coworker. 	The Commission also found non-
discriminatory the Agency’s explanation that Complainant was not selected for advancement
because she was qualified as a licensed therapist as whereas the position called for a licensed social
worker.
We remind Complainant that a reconsideration request was her opportunity to establish a clear
error of law, fact or policy in EEOC’s prior appellate decision. 	EEO MD-110, Ch. 9, § VII.A.
Complainant did not do so here. Rather, the instant request was tantamount to a second appeal.
Accordingly, after reviewing the previous decision and the entire record, we find this request failed
to meet the criteria of 29 C.F.R. § 1614.405(c). Therefore, we deny reconsideration our decision
on EEOC Appeal No. 0120181582 remains in effect. 	Complainant has no further rights to
administratively appeal before the Commission.
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.

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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
August 20, 2020
Date