U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Ike D.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency. Request No. 0520180448 Appeal No. 0120161282 Hearing No. 540-2014-00012X Agency No. 200P03452012102669 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120161282 (May 17, 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). Complainant was a Legal Administrative Assistant, GS-9, in the Agency's Regional Office in Phoenix, Arizona. Complainant filed an EEO complaint alleging that the Agency discriminated against him on the bases of race (African American) and disability (head injury) when: (1) on March 12, 2012, management began monitoring Complainant, including visiting his work area throughout the day and scrutinizing his work, in an effort to force him to resign; (2) management failed to act on Complainant's March 21, 2012 reasonable accommodation request; (3) on March 21, 2012, management officials exhibited hostility towards Complainant when they met to discuss his injury and reasonable accommodation request; (4) on March 30, 2012, management requested additional documentation; (5) on April 13, 2012, Complainant's reasonable accommodation request was denied; (6) on May 11, 2012, Complainant received a letter for counseling; (7) on May 14, 2012, Complainant received a letter of counseling; and (8) on May 31, 2012, Complainant was forced to resign because management failed to provide him with a reasonable accommodation. Complainant initially requested a hearing. The EEOC Administrative Judge (AJ) dismissed the hearing request as a sanction for failure to comply with two of the AJ's Orders. Our prior appellate decision affirmed the Agency's final decision that concluded that Complainant failed to prove that the Agency subjected him to discrimination as alleged. Among other things, the decision found that assuming Complainant was a qualified person with a disability, the Agency did not fail to provide him with a reasonable accommodation. Complainant's disability was not obvious and the medical documentation provided did not discuss Complainant's disability, his specific limitations, or his accommodation requirements. In his request for reconsideration, Complainant expresses his disagreement with the previous decision. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, § VII.A. 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 done so here. 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. 0120161282 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's signature Carlton M. Hadden, Director Office of Federal Operations September 12, 2018 __________________ Date 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. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 2 0520180448