Adrian W.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency.

Equal Employment Opportunity Commission

May 27, 2016

0520160202 (E.E.O.C. May. 27, 2016)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Adrian W.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Western Area),
Agency.

Request No. 0520160202

Appeal No. 0120152743

Agency No. 4E-970-0019-15

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120152743 (Jan. 21, 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).

On June 27, 2015, Complainant filed a formal EEO complaint alleging that the Agency
subjected him to discrimination on the bases of disability and age (55) when he was instructed
to perform duties which exceeded his physical restrictions; he worked in a rat-infested station;
and he was placed in an off-duty status, without pay, and subsequently issued a notice of
proposed removal. The Agency dismissed the complaint pursuant to 29 C.F.R. §
1614.107(a)(2) due to the untimely filing of the formal complaint. Complainant appealed and,
in Adrian F. v. U.S. Postal Serv., EEOC Appeal No. 0120152743 (Jan. 21, 2016), the
Commission affirmed the Agency’s dismissal. Complainant argued that his untimely filing
should have been excused because his diagnosed disability interfered with his ability to file his
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.

0520160202

2
complaint on time. The Commission found, however, that he had failed to demonstrate that he
was so incapacitated by his condition such that the time limits should be waived.

In his request for reconsideration, Complainant expresses his disagreement with the previous
decision and reiterates numerous arguments previously raised on appeal. Additionally,
Complainant submitted a letter from his doctor describing his condition. The Commission is
again sympathetic to Complainant’s situation; however, the Commission has consistently held
that an extension is warranted only where an individual is so incapacitated by his or her
condition that he or she is unable to meet the regulatory time limits. The Commission
previously found that Complainant failed to demonstrate that he was so incapacitated to waive
the regulatory filing limitation. The Commission emphasizes 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 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. 0120152743 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

0520160202

3
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

May 27, 2016
Date