0520120374
08-14-2012
Erick T. Moore, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Western Area), Agency.
Erick T. Moore,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Western Area),
Agency.
Request No. 0520120374
Appeal No. 0120111881
Agency No. 1E971000411
DENIAL
Complainant timely requested reconsideration of the decision in Erick T. Moore v. U.S. Postal Service, EEOC Appeal No. 0120111881 (March 8, 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).
The facts and procedural background are set forth in the previous decision and are incorporated herein by reference. We note the following salient facts: Complainant alleged that he was discriminated against when he was removed from his 204B assignment by A1 on June 30, 2010. Complainant, maintaining that he did not suspect that he was discriminated against until October 2010, when a non-Black, less qualified employee was placed in the position, did not contact an EEO counselor until November 3, 2010. The previous decision, in affirming the Agency's dismissal, found that Complainant's termination from his assignment in June 2010 was sufficient to place him on notice of the duty to seek counseling.
In his request for reconsideration, Complainant reiterates his contention that he did not suspect discrimination until he learned that someone else was placed in the position in October 2010. 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. We remind Complainant 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.
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. Here, we find no evidence that Complainant has met the criteria for reconsideration. Complainant maintains that he did not suspect discrimination until October 2010; however, the standard is when he reasonably suspected discrimination. In this case, we note that, according to Complainant's attorney, Complainant was told by a manager that he was doing a good job as a 204B, and that when A1 removed him on June 30, he was not given a reason why he was no longer needed. See EEO Counselor's Report. Thus, we do not find clear error when the previous decision found that Complainant's termination from his 204B assignment in June 2010 was sufficient to place him on notice of the duty to seek counseling. Complainant did not have to wait until he obtained additional facts in October.
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. 0120111881 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
___8/14/12_______________
Date
2
0520120374
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120374