Darleen R.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Southwest Area), Agency.

Equal Employment Opportunity Commission

Mar 29, 2016

0520160096 (E.E.O.C. Mar. 29, 2016)

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

Darleen R.,1
Complainant,

v.

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

Request No. 0520160096

Appeal No. 0120152372

Agency No. 4G-335-0109-15

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120152372 (Nov. 19, 2015). 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).

At the time of the events at issue, Complainant was a former employee of the Agency’s
Houston, Texas facility. In early 2015, Complainant received a form letter from the Agency
addressed to all current and former Agency employees of a recent cyber-intrusion and provided
all recipients of the letter with the opportunity to enroll in credit monitoring. Complainant
responded to the letter. On February 23, 2015, in a response to Complainant, the Suncoast
District Human Resources Manager mistakenly referred to the employment history of a
different employee that had the same name as Complainant. This action led Complainant to
believe someone had stolen her identity. Consequently, on June 22, 2015, almost 16 years
after she last worked for the Agency, Complainant filed an EEO complaint alleging that the
Agency subjected her to discrimination in reprisal for prior protected EEO activity when, on
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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February 23, 2015, she received a letter from the Agency concerning a job she never knew
about, thus leading her to believe someone else worked under her identity.

On July 9, 2015, the Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(1)
for failure to state a claim. In its decision, the Agency noted that the letter contained an
administrative error about Complainant’s employment history and that, while there was an
employee hired by the Agency at another facility with the same name as Complainant, she used
a different Social Security number to obtain employment. Therefore, the Agency found that
Complainant was not aggrieved and dismissed the complaint.

Complainant appealed and, in Darleen R. v. U.S. Postal Serv., EEOC Appeal No.
0120152372 (Nov. 19, 2015), the Commission affirmed the Agency’s dismissal. In so finding,
the Commission determined that Complainant had not been an Agency employee for almost 16
years, and her prior EEO activity was resolved 12 years ago. Moreover, the instant matter
arose out of a general letter sent to all Agency employees and former employees. Therefore,
under the circumstances alleged in this case, the Commission found that the Agency had
properly dismissed the complaint as Complainant had failed to allege that she suffered harm or
loss with respect to a term, condition, or privilege for employment for which there was a
remedy.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and reiterates numerous arguments previously raised on appeal. The Commission
emphasizes 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)
(Aug. 5, 2015), 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. Complainant
has not done so here.

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. 0120152372 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

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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
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

March 29, 2016
Date