0520120584
01-18-2013
Crystal A. Miller, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Eastern Area), Agency.
Crystal A. Miller,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Request No. 0520120584
Appeal No. 0120113428
Agency No. 4C400-0031-11
DENIAL
Complainant timely requested reconsideration of the decision in Crystal A. Miller v. U.S. Postal Service, EEOC Appeal No. 0120113428 (November 25, 2011). 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(b).
On April 29 2011, Complainant filed a formal complaint in which she alleged that the Agency subjected her to discrimination on the bases of race (African American), sex (female), religion (unspecified), color (Black), and in reprisal for prior EEO activity when:
1. On January 4, 2011, Complainant was accused of working slowly and yelling at a supervisor;
2. Complainant's supervisor ordered her to work the 02 Flats; and
3. On an unspecified date, the supervisor did not treat all employees equally. Complainant was told not to sing or hum, while co-workers continued to do so. Additionally, a rotation was not in place that involved all co-workers.
In its final decision, the Agency dismissed Complainant's complaint on the basis that failed to state a claim. In our previous decision, the Commission affirmed the Agency's dismissal. Specifically, the Commission concluded that Complainant failed to show that she suffered harm or loss to the conditions, terms, or privileges of her employment; the alleged actions were not sufficiently severe or pervasive to create a hostile work environment; and the alleged actions were not reasonably likely to deter employees from engaging in protected EEO activity.
In her request for reconsideration, Complainant argues that the alleged actions created a hostile work environment which resulted in psychological harm to Complainant.
We note 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) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. As determined in our previous decision, Complainant's complaint fails to state a claim because the alleged actions are not sufficiently severe or pervasive to create a hostile work environment and are not reasonably likely to deter employees from engaging in protected EEO activity.
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(b), and it is the decision of the Commission to DENY the request. The decision in EEOC Appeal No. 0120113428 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
January 18, 2013
Date
2
0520120584
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120584