Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Great Lakes Area), Agency.Download PDFEqual Employment Opportunity CommissionMar 9, 20150520150015 (E.E.O.C. Mar. 9, 2015) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 , Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Great Lakes Area), Agency. Request No. 0520150015 Appeal No. 0120141690 Agency No. 4J-530-0116-13 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested reconsideration of the decision in Complainant v. U.S. Postal Service, EEOC Appeal No. 0120141690 (September 5, 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). Complainant worked as a Rural Carrier Associate (RCA) at the Agency’s Pleasant Prairie, Wisconsin Post Office. On September 27, 2013, Complainant filed the instant formal complaint. Therein, Complainant alleged that the Agency discriminated against her on the bases of disability and in reprisal for prior EEO activity when: 1. on September 24, 2013, she was informed that she could no longer work more than 29 hours a week; and 2. on an unspecified date, she was told that she could not apply for a Postal Support Employee (PSE) position because of her current status as a Limited Duty Rural Carrier Associate. In our prior decision, the Commission affirmed the Agency’s finding that Complainant was not discriminated against because Complainant was not told that she could not work in excess of 29 0520150015 2 hours per week and in fact worked more than 29 hours per week during the relevant time frame. In addition, Complainant was never told that she could not apply for a PSE position. Rather, she was told if she wanted to apply for a PSE position, she was perfectly able to do so, but she would have to resign from her current position, if she successfully obtained the PSE position.1 In her request for reconsideration, Complainant claims that she had no opportunities for advancement and insists that it was unfair that she would have to give up her RCA position if she secured a PSE position. These arguments do not persuade us that the prior 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. 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. 0120141690 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 1 At footnote 3 of the prior decision, the Commission declined to disturb the Agency’s partial dismissal of two claims on the grounds that that were pending before or had been decided by the Agency or the Commission. The Commission notes that the prior dismissal of one of those two claims was remanded to the Agency for investigation in EEOC Appeal No. 0120111920 (June 14, 2013) while the prior dismissal of the other claim was affirmed. 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 0520150015 3 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 Date March 9, 2015 Copy with citationCopy as parenthetical citation