Estell L.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Great Lakes Area), Agency.Download PDFEqual Employment Opportunity CommissionDec 4, 20182019000318 (E.E.O.C. Dec. 4, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Estell L.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Great Lakes Area), Agency. Request No. 2019000318 Appeal No. 0120160526 Hearing No. 560-2014-00123X, 560-2014-000367X Agency No. 4J-630-0054-13, 4J-63-0025-14 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120160526 (March 30, 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). Complainant was a Supervisor, Customer Service, 2310-0022, EAS-17 at the Agency’s Chouteau Station in St. Louis. Missouri. Complainant filed two EEO complaints alleging that the Agency discriminated against her on the bases of race (Black), color (Black), sex (female), disability, age (53), and reprisal when: (1) on or about December 18, 2012, her FMLA sick leave request was removed from the system and she was charged AWOL before the allotted time to submit documentation; (2) on June 10, 2013, her manager told her that there was no work 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. 2019000318 2 available for her, and Complainant did not get paid for leave she requested for the time she missed; (3) on an unspecified date, a coworker was given choice vacation time before her; (4) on or about November 18, 2013, she was issued a Letter of Warning for Failure to Maintain a Regular Work Schedule; (5) on December 3, 2013, her manager told her that as long as she could only work four hours, no work was available; (6) beginning on or about March 28, 2014, she was charged AWOL; and (7) she was subjected to a hostile work environment regarding comments made by managers. Complainant initially requested hearings on her two complaints, but subsequently withdrew her requests. Our prior appellate decision affirmed the Agency’s final decision which consolidated the complaints. Our decision concluded that Complainant failed to prove that the Agency subjected her to discrimination as alleged, failed to establish that she was subjected to a discriminatory or retaliatory hostile work environment; and failed to establish that there was a reasonable accommodation available that would enable her to perform the essential functions of her position or otherwise demonstrate a failure to provide a reasonable accommodation. In her request for reconsideration, Complainant expresses her disagreement with the previous decision, and reiterates some of her arguments made on appeal. She states she regrets withdrawing her right to a hearing. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, § VII.A. Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. 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. 0120160526 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. 2019000318 3 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 December 4, 2018 Date Copy with citationCopy as parenthetical citation