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

Equal Employment Opportunity Commission

Dec 14, 2018

0520180598 (E.E.O.C. Dec. 14, 2018)

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

Emilio K.,1
Complainant,

v.

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

Request No. 0520180598

Appeal No. 0120181304

Agency No. 4V-363-0001-18

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120181304 (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).

At the time of events giving rise to the instant complaint, filed on January 9, 2018, Complainant
worked as a Fleet Supply Supervisor and Manager Vehicle Maintenance at the Agency’s
Cleveland Main Vehicle Maintenance Facility in Cleveland, Ohio. The Agency framed
Complainant’s claims as whether he was discriminated against based on race and in reprisal for
prior EEO activity when:

(1) Since March 2014, he has been overlooked for promotions; and

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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(2) Since March 2014, he has been the subject of an investigation.

On February 5, 2018, the Agency issued its final decision dismissing the complaint.
Specifically, the Agency dismissed claim (1) for stating the same claim that was previously
decided by the Agency under his prior complaint, Agency No. 1C-441-0054-14, and claim (2)
for failure to state a claim pursuant to 29 C.F.R. § 1614.107(a)(1). Upon Complainant’s appeal,
the Commission affirmed the Agency’s final decision dismissing the complaint. In his request,
Complainant raises matters involving his prior complaint, Agency No. 1C-441-0054-14, which
was decided by the Agency.2

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. 0120181304 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

2 Complainant filed an appeal regarding the Agency’s decision concerning the prior complaint
and the appeal is pending in EEOC Appeal No. 0120180801.
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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

December 14, 2018
Date