0520140508
02-27-2015
Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Request No. 0520140508
Appeal No. 0120140057
Agency No. 4K-300-0149-13
DENIAL
Complainant timely requested reconsideration of the decision in Complainant v. U.S. Postal Service, EEOC Appeal No. 0120140057 (June 27, 2014). 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 the underlying case, Complainant contacted an EEO Counselor on May 1, 2013 and subsequently filed a formal complaint alleging that the Agency discriminated against him on the basis of disability when, on September 22, 2012, it terminated his employment.
The appellate decision affirmed the Agency's dismissal of Complainant's complaint pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely counseling contact. Specifically, the appellate decision found that Complainant did not contact an EEO Counselor within 45 days of his termination, as required by 29 C.F.R. � 1614.105(a)(1). Moreover, the appellate decision found that Complainant did not provide an explanation for the delay.
In his request for reconsideration, Complainant stated that he was continuing to appeal his complaint. In addition, Complainant expressed his displeasure at the time it took for the Commission to issue the appellate decision.1
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. Specifically, we find that Complainant's request does not demonstrate that the appellate decision clearly erred in finding that his May 1, 2013 counseling contact was untimely. We note that Complainant did not address the timeliness of his counseling contact in his request. The decision in EEOC Appeal No. 0120140057 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 (Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request from the Court that the Court appoint an attorney to represent you and that the Court also permit you to file the action without payment of fees, costs, or other security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c). The grant or denial of the request is within the sole discretion of the Court. Filing a request for an attorney with the Court does not extend your time in which to file a civil action. Both the request and the civil action must be filed within the time limits as stated in the paragraph above ("Right to File a Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
__2/27/15________________
Date
1 The record reflects that the Commission issued the appellate decision approximately nine months after Complainant filed the appeal.
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0520140508
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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