EEOC Appeal 2026002980

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Catherina B.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs
(Veterans Health Administration),
Agency.
Request No. 2026002980
Appeal No. 2026001572
Agency No. 2004-558-2025-163720
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission
(EEOC or Commission) reconsider its decision in EEOC Appeal No. 2026001572
(June 15, 2026). 	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).
At the time of events giving rise to this complaint, Complainant worked as a
Certified Nurse Assistant, 06, at the Agency’s Medical Center facility in Durham,
North Carolina.
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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On March 28, 2025, Complainant filed a formal complaint alleging that the Agency
subjected her to discrimination on the basis of sex (female: pregnancy) when:
1. In August 2024, Complainant’s first line supervisor (Supervisor) did not
respond to Complainant’s request that she not be required to work with a
coworker whom Complainant alleged made false statements about her and
attempted to take her personal belongings and work computer from her
workstation;
2. On November 14, 2024, Supervisor included unsatisfactory comments in
Complainant’s 2024 performance evaluation; and
3. On November 20, 2024, Complainant was terminated during her probationary
period.
Our previous decision affirmed the Agency’s dismissal of the EEO complaint
pursuant to 29 C.F.R. § 1614.107(a)(2), for untimely EEO counselor contact. The
record shows that the most recent alleged discriminatory event occurred on
November 20, 2024, but Complainant did not initiate contact with an EEO counselor
until February 27, 2025, which is beyond the forty-five (45) day limitation period.
We have reviewed the various arguments raised by Complainant in the instant
request 	for 	reconsideration. 	However, 	we 	can 	find 	no 	basis 	to 	disturb 	the
Commission's 	prior 	decision. 	Complainant 	presents 	arguments 	which 	were
previously raised and considered or could have been raised during the original
appeal. The Commission emphasizes that a request for reconsideration is not a
second appeal. Equal Employment Opportunity Management Directive for 29
C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VII.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. Thus, we conclude that Complainant has not
presented any persuasive evidence to support reconsideration of the Commission's
decision.

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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.
2026001572 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. 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.

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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 24, 2026
Date