Darrin F.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Headquarters), Agency.

Equal Employment Opportunity Commission

Oct 26, 2018

0520180552 (E.E.O.C. Oct. 26, 2018)

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

Darrin F.,1
Complainant,

v.

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

Request No. 052010552

Appeal No. 0120161649

Agency No. 6X000004415

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120161649 (June 29, 2018). EEOC
regulations provide that the Commission may, in its discretion, grant a request to reconsider any
previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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 was a retired Mail Distribution Clerk and an attendee at the Skills Enhancement
training session, the passing of which is a condition precedent to being given work as a contract
Equal Opportunity Investigator with the Agency’s National EEO Investigative Services
(NEEOISO) in Tampa, Florida. Complainant filed an EEO complaint alleging that the Agency
discriminated against him on the basis of age when, on June 10, 2015, he was advised that he had
failed the Skills Enhancement training prerequisite for potential contract EEO investigators.2

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.
2 Previously, Complainant had filed an EEO complaint against NEEOISO, which was
subsequently settled, The agreement stated that Complainant would be permitted to take the
052010552

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Our prior appellate decision affirmed the Agency’s final decision that concluded that
Complainant failed to prove that the Agency subjected him to discrimination as alleged. The
decision found that the Agency articulated legitimate non-discriminatory reasons for its actions,
namely that Complainant failed to achieve the cumulative 75% grade to pass the course.

In his request for reconsideration, Complainant expresses his disagreement with the previous
decision. Additionally, he argues that it was a conflict for the NEEOISO to investigate itself. In
response, the Agency explained that the investigation was conducted by a seasoned contract
investigator whose work was monitored and approved by a knowledgeable EEO manager not
affiliated with the NEEOISO. To the extent Complainant now states he should have a hearing,
his request is untimely at this juncture.

We emphasize that a request for reconsideration is not a second appeal to the Commission. See
EEO MD-110, Ch. 9, § VII.A. 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. 0120161649 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
costs.

Skills Enhancement training, and he would be subjected to the same terms, conditions, and
prerequisites for undergoing the training as if a Selection Committee had selected him for the
session.
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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

October 26, 2018
Date