Gena C, Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency.

Equal Employment Opportunity Commission

Jul 26, 2017

0520170256 (E.E.O.C. Jul. 26, 2017)

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

Gena C,
Complainant,

v.

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

Request No. 0520170256

Appeal No. 0120150378

Hearing No. 550-2013-00189X

Agency No. 4F945011412

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120150378
(February 22, 2017). 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(c).

In her underlying complaint, Complainant alleged that the Agency subjected her to a hostile
work environment on the bases of her race, sex, and color when: (1) on June 28, 2012, her
supervisor denied her request for additional work time, looked at her in an intimidating way,
invaded her personal space and told her to hurry up, and threatened her with discipline for
finishing late on several occasions; (2) on July 11, 2012, her supervisor brushed up against her,
invading her personal space; (3) on July 16, 2012, her supervisor asked about her assignment in
an intimidating manner; and (4) on July 16, 2012, her supervisor placed her in emergency off

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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duty status. Following an investigation, Complainant requested a hearing before an Equal
Employment Opportunity Commission Administrative Judge (AJ). The AJ assigned to the case
issued a decision without a hearing, finding no discrimination. The Agency’s final order adopted
the AJ’s finding and on appeal, the Commission affirmed the Agency’s final order. Specifically,
we found that Complainant failed to show that any of the Agency’s alleged actions were
motivated by discrimination race, sex, or color discrimination.

In her request for reconsideration, Complainant reiterates her contention that the Agency
subjected her to unlawful harassment. The Commission emphasizes 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) (Aug. 5, 2015), at 9-18; see, e.g.,
Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 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.

We find that after reviewing the previous decision and the entire record, 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. 0120150378 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.

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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

July 26, 2017
Date