0520120317
12-06-2012
Ella M. Petty, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Western Area), Agency.
Ella M. Petty,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Western Area),
Agency.
Request No. 0520120317
Appeal No. 0120113993
Agency No. 1E-642-0019-11
DENIAL
Complainant timely requested reconsideration of the decision in Ella M. Petty v. United States Postal Service, EEOC Appeal No. 0120113993 (January 26, 2012). 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).
In a formal complaint dated July 7, 2011, Complainant alleged that the Agency subjected her to discrimination on the basis of race (African American) and in reprisal for prior EEO activity when, on February 25, 2011, Complainant was instructed to use the scanner under the logon and password of another employee, and after Complainant refused to do so, she was instructed to work in an area where she had previously experienced a hostile work environment.
On July 25, 2011, the Agency dismissed Complainant complaint on the basis that it failed to state a claim. In our previous decision, the Commission affirmed the Agency's dismissal. The Commission further noted that Complainant sought to amend her complaint on appeal to include a disability discrimination claim, but if she wanted to raise this new claim, she should contact an EEO Counselor.
In her request for reconsideration, Complainant relays information that she maintains was not previously readily available that demonstrates that she was the victim of unlawful racial discrimination and retaliation. Specifically, Complainant alleges that, in June 2010, Caucasian co-workers brought a toy monkey into the workplace. Complainant also alleges that the co-workers attempted to run over her with their cars in the parking lot. Additionally, Complainant submits statements from herself and co-workers that she maintains supports her allegations.
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. Instead, Complainant has made new allegations of harassment and discrimination in her request for reconsideration. If Complainant wants these new allegations to be processed, she should contact an EEO Counselor regarding these matters. She cannot now attempt to amend the instant complaint through a request for reconsideration. Therefore, we find that our previous decision properly affirmed the Agency's dismissal of Complainant's complaint.
Therefore, 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. 0120113993 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
December 6, 2012
Date
2
0520120317
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120317