Phebe Chin v. Department of Veterans Affairs 05A50269 January 31, 2005 . Phebe Chin, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency. Request No. 05A50269 Appeal No. 01A35386 Agency No. 200P-2359 Hearing No. 340-A0-3241X DENIAL Phebe Chin (complainant) timely requested reconsideration of the decision in Phebe Chin v. Department of Veterans Affairs, EEOC Appeal No. 01A35386 (October 19, 2004). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision 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(b). In her underlying complaint, complainant alleged that the agency discriminated against her, in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq., the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq., and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq., on the bases of race (Asian), sex, disability (carpal tunnel syndrome), age (D.O.B., May 5, 1936), and reprisal for prior EEO activity. Complainant alleged that she was subjected to unlawful discrimination when, on or about April 11, 2000, the agency redistributed her work in an unfair manner by including psychiatric patients, which caused an unequal increase in workload. An EEOC Administrative Judge (AJ) issued a decision without a hearing finding that there were no genuine issues of material fact in dispute, and that complainant failed to show that the agency's actions were motivated by discriminatory or retaliatory animus. The agency's final order adopted the AJ's finding of no discrimination, and on appeal the Commission affirmed the agency's final order. In support of her request for reconsideration, complainant submits a lengthy brief addressing, in part, numerous contentions regarding alleged deficiencies in the processing and investigation of her complaint. We find, however, that complainant has failed to proffer any arguments or evidence which address the merits of her accepted complaint. We remind complainant that a “request for reconsideration is not a second appeal to the Commission.” Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614, at 9-17 (rev. November 9, 1999). Accordingly, after reconsidering 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(b), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 01A35386 remains the Commission's final 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 (P0900) 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 (Z1199) If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request that the Court appoint an attorney to represent you and that the Court permit you to file the action without payment of fees, costs, or other security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 791, 794(c). The grant or denial of the request is within the sole discretion of the Court. Filing a request for an attorney does not extend your time in which to file a civil action. Both the request and the civil action must be filed within the time limits as stated in the paragraph above ("Right to File A Civil Action"). FOR THE COMMISSION: ______________________________ Carlton M. Hadden, Director Office of Federal Operations January 31, 2005 __________________ Date