Denese G.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Northeast Area), Agency.

Equal Employment Opportunity Commission

Jun 8, 2016

0520160081 (E.E.O.C. Jun. 8, 2016)

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

Denese G.,1
Complainant,

v.

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

Request No. 0520160081
Appeal No. 0120142293
Agency No. 4F913002314

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120142293 (Oct. 1, 2015). U.S. Equal Employment Opportunity Commission (EEOC or
Commission) 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’s underlying EEO complaint alleges that the Agency discriminated against her on
the bases of race (Hispanic Filipino American), Color (brown), religion (Apostolic), sex
(female), national origin (Hispanic Filipino American), and retaliation (Prior EEO activity)
when on November 3, 2014, she was paid an incorrect amount on her back pay award from a
grievance settlement dated May 30, 2014.

In her reconsideration request Complainant cites a 1999 Commission decision in support of her
assertion that employment compensation should not be deducted from a back pay award. See
Complainant v. U.S. Postal Serv., EEOC Appeal No. 01974634 (Mar. 16, 1999). In that case
the back pay award was not issued through a negotiated grievance but rather through the EEO
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.

0520160081

2
complaint process. Accordingly, the decision does not contradict the previous appellate
decision herein finding that the EEO complaint was a collateral attack on another proceeding.

Accordingly, 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. 0120142293 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. 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

June 8, 2016
Date