Elmer C.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

Equal Employment Opportunity Commission

Oct 4, 2018

0520180442 (E.E.O.C. Oct. 4, 2018)

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

Elmer C.,1
Complainant,

v.

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

Request No. 0520180442
Appeal No. 0120171760
Agency No. 1K271005116

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120171760 (May 17, 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).

In his underlying complaint, Complainant alleged that the Agency subjected him to unlawful
discrimination based on race (Hispanic) and national origin (Guatemala) when on July 5, 2016,
he became aware he was not selected for a detail to the Network Transportation Specialist
position. Following an investigation, the Agency issued a final decision finding no
discrimination. On appeal, the Commission affirmed the Agency’s decision, concluding that
assuming Complainant established a prima facie case of discrimination, the Agency nonetheless
articulated legitimate, nondiscriminatory reasons for its actions that Complainant failed to prove
were pretextual.

In his request for reconsideration, Complainant largely reiterates contention made and fully
considered on appeal.

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.
0520180442

2
Additionally, Complainant adds information regarding his recent selection for a job which is
similar to the position he was not selected for and clarifying the remedies he requested in his
complaint. However, this information does not impact his qualifications at the time of selection
or the investigation after he filed his EEO complaint. 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. 0120171760 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

October 4, 2018
Date