EEOC Appeal 2026002901

2026002901Eeoc

Gesamter Gesetzestext

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Adena D.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 2026002901
Appeal No. 2026001201
Agency No. 2003-0010-2026-16753
DECISION ON REQUEST FOR RECONSIDERATION
Complainant 	requested 	that 	the Equal 	Employment 	Opportunity 	Commission
(EEOC or Commission) reconsider its decision in Adena D. v. Dep’t of Veterans
Affairs, EEOC Appeal No. 2026001201 (May 19, 2026). 	For the following
reasons, the Commission DENIES Complainant’s request.
In our previous decision, the Commission affirmed the Agency’s final decision
dismissing Complainant’s formal complaint for failure to state a claim. 	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)
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.
2026002901	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).
We have reviewed the submissions by Complainant in support of the instant
request for reconsideration. 	We determine that there is no reason to disturb the
Commission’s prior decision. 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), Chap. 9 §VI.A (Aug. 5, 2015); 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 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. 2026001201 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 (P0124)
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 their 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.
2026002901	3
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:
_ T. Gimbrere _________ 	Acting Director's signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 15, 2026
Date

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