Anglea Y.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.

Equal Employment Opportunity Commission

Oct 31, 2018

0520180524 (E.E.O.C. Oct. 31, 2018)

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

Anglea Y.,1
Complainant,

v.

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

Request No. 0520180524

Appeal No. 0120172497

Agency No. 1C-371-0074-14

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120172497 (June 29, 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).

At the time of events giving rise to the underlying complaint, Complainant was employed by the
Agency as a Mail Handler and Equipment Operator (Level 5) in the Agency’s Processing and
Distribution Center in Memphis, Tennessee. In her complaint, Complainant alleged that the
Agency subjected her to unlawful discrimination on the bases of sex (female) and in reprisal for
prior protected EEO activity when, from September 16, 2014, to January 13, 2015, Complainant
was worked outside her bid position on an ongoing basis.

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.
0520180524

2
The Agency initially dismissed the complaint for failure to state a claim. Complainant appealed
and, in Complainant v. U.S. Postal Serv., EEOC Appeal No. 0120151033 (May 28, 2015), the
Commission reversed the Agency’s dismissal and remanded the matter for further processing.
Follow an investigation, Complainant requested a hearing before an EEOC Administrative Judge
(AJ). The AJ assigned to the matter subsequently issued a decision by summary judgment in favor
of the Agency. The Agency issued a final order adopting the AJ’s finding that Complainant failed
to prove discrimination and reprisal as alleged. Complainant appealed and the Commission
affirmed the Agency’s final order finding that Complainant had not been subjected to
discrimination or reprisal as alleged.

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), at 9-18 (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.

The Commission finds that the arguments raised by Complainant in the instant request for
reconsideration were largely raised in her previous appeal, fully considered, and rejected.
Complainant has not shown that the AJ erred in finding that she failed to set forth sufficient facts
showing that there was a genuine issue still in dispute. The Commission finds that the AJ’s
decision appropriately indicated that the record was fully developed; that the AJ considered all of
the record evidence in the light most favorable to Complainant; and that the evidence established
that Complainant failed to show that she was subjected to discrimination or reprisal as alleged. In
sum, Complainant has not presented any evidence establishing that the Commission erred in
finding that the AJ properly granted summary judgment in this matter. Moreover, the Commission
finds that Complainant has not presented any evidence to support reconsideration of the
Commission’s finding that she failed to show that he was subjected to discrimination or reprisal.

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. 0120172497 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.
0520180524

3
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

October 31, 2018
Date