U.S. Equal Employment Opportunity Commission (E.E.O.C.) Office of Federal Operations * * * SOL W., COMPLAINANT, v. DR. DAVID J. SHULKIN, SECRETARY, DEPARTMENT OF VETERANS AFFAIRS, AGENCY. Request No. 0520170159 Appeal No. 0120162859 Agency No. 2003-0549-2016103990 April 5, 2017 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120162859 (November 23, 2016). 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(c). Complainant filed an EEO complaint in which he alleged that he was subjected to discrimination on the bases of disability, age, and reprisal when he was denied dental benefits in May 2016. He also alleged that an Agency Dentist, in collusion with the Chief of the Dental Service, falsified an entry into his medical record. The Agency dismissed the complaint after determining that Complainant's claim did not relate to a term, condition or privilege of his employment with the Agency. In our previous decision, we affirmed the Agency's dismissal. In his request for reconsideration, Complainant appears to be raising matters pertaining to a wrongful termination claim. The Commission notes 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 (EEO MD-110) (Aug. 5, 2015), at 9-18; see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not presented any arguments or evidence to support reconsideration of the Commission's previous decision. The Commission advises Complainant that if he wishes to file an EEO complaint pertaining to his termination claims, he should contact an EEO counselor at the Agency to initiate the EEO process if he has not already done so. 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. 0120162859 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 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 Director Office of Federal Operations 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.