April T.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.Download PDFEqual Employment Opportunity CommissionOct 31, 20180520180487 (E.E.O.C. Oct. 31, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 April T.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency. Request No. 0520180487 Appeal No. 0120181397 Agency No. 4C440002318 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120181397 (July 3, 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). On February 9, 2018, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of race, national origin, sex, color, disability, age, and in reprisal for prior EEO activity when (1) on or about December 23, 1997, she took the Associate Supervisor Program (ASP) test and was not promoted to supervisor; and (2) on or about February 13, 2000, she was terminated from Agency employment. 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. 0520180487 2 The Agency dismissed the complaint on the grounds that Complainant failed to timely raise her allegations with an EEO counselor and no equitable tolling principles applied to extend the 45- day EEO counselor contact period. In the alternative, the Agency dismissed Claim 2 as stating the same claim raised in a prior EEO complaint. In April T. v. U.S. Postal Serv., EEOC Appeal No. 0120181397 (July 3, 2018), the Commission affirmed the final decision. In her request for reconsideration, Complainant asks the Commission to reconsider its previous decision and reiterates many of the same arguments and references many of the same documents previously presented on appeal. The Commission emphasizes that a request for reconsideration is not a second appeal to the Commission. EEO MD-110, 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. 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 Agency erred in finding that she failed to timely raise her allegations with an EEO counselor. The most recent allegation occurred in 2000, and she did not contact an EEO counselor until November 2017. Further, Complainant did not present any argument tending to establish that the 45-day period set by 29 C.F.R. § 1614.105(a)(1) should be extended, as required by § 1614.105(a)(2). Accordingly, Complainant has not presented any evidence to support reconsideration of the Commission’s finding that she failed to timely raise her allegations. 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. 0120181397 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. 0520180487 3 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 October 31, 2018 Date Copy with citationCopy as parenthetical citation