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

Equal Employment Opportunity Commission

Jul 25, 2017

0520170321 (E.E.O.C. Jul. 25, 2017)

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

Charlie O.,1
Complainant,

v.

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

Request No. 0520170321

Appeal No. 0120151796

Hearing No. 443-2012-00036X

Agency No. 4E-570-0009-11

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120151796 (March
21, 2017). 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).

In his underlying complaint, Complainant alleged that the Agency discriminated against him on
the bases of disability and in reprisal for prior protected activity when:

1. Beginning in April 2007 and continuing he was subjected to pre-disciplinary
discussions, discipline, derogatory comments, bullying, night schedule changes
and/or not scheduled at all, scheduled fewer work hours than other Part Time
Flexibles (PTFs) and Causals, denied training, harassed in reference to his on-the-job
injuries, humiliated in front of co-workers, and denied leave;

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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2. On February 18, 2011, he was not paid for 25.66 hours of requested sick leave;
3. On March 7, 2011, he was not converted to a full-time position;
4. On August 6, 2011, he was ridiculed and humiliated by a supervisor; and
5. From March 19, 2012, through June 30, 2012, he was denied official time for his
EEO case.2

At the conclusion of the investigation on the accepted claims, the Agency provided Complainant
with a copy of the report of investigation and notice of his right to request a hearing before an
Equal Employment Opportunity Commission Administrative Judge (AJ). Complainant
requested a hearing. The Agency filed a motion for summary judgment. The AJ granted the
Agency’s motion for summary judgment on claims (1) and (3). However, the AJ denied the
motion concerning claims (2), (4), and (5). The AJ held a hearing on the remaining claims. The
AJ issued a decision finding Complainant failed to prove by a preponderance of evidence that he
was discriminated against as alleged. Thereafter, the Agency issued its final action fully
implementing the AJ’s decision. Complainant appealed the Agency’s final action to the
Commission. In EEOC Appeal No. 0120151796 (March 21, 2017), the Commission affirmed
the Agency’s final action finding no 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. 0120151796 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

2 Complainant also included two other claims (that he was discriminated against on the bases of
disability and in reprisal for prior EEO activity when he was denied restoration to a full time
position and instead placed as a part time flexible and on July 21, 2008, he was assaulted by a
coworker). The Agency dismissed those two claims. Complainant did not challenge those issues
on appeal. Thus, our previous decision did not address those issues.
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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

July 25, 2017
Date