Glynda S.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency.Download PDFEqual Employment Opportunity CommissionApr 5, 20180520180178 (E.E.O.C. Apr. 5, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Glynda S.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency. Request No. 0520180178 Appeal No. 0120152387 Agency No. 4E-980-0003-15 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120152387 (December 15, 2017). 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 her underlying complaint, Complainant alleged that the Agency subjected her to unlawful disability harassment and discrimination when: (1) on July 23, 2014, management issued her a letter of warning; (2) on July 23, 2014, management denied her an unpaid break; (3) on September 24-25, 2014, management took her off work; (4) on September 29, 2014, management discussed Complainant’s Family and Medical Leave Act (FMLA) protected leave with her, told her that FMLA only covered her for 2 months, and instructed her to call the FMLA coordinator to find out why; (5) on September 30, 2014, management instructed her to ask for permission to leave her work area, be at work on time, and accused her of missing scans; (6) on 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. 0520180178 2 September 30, 2014, management singled Complainant out when it asked her to sign PS-Form 3971 and did not allow her to make up the time; and (7) on September 30, 2014, management publicly posted Complainant’s sick leave record. The Agency dismissed claim (4), pursuant to 29 C.F.R. § 1614.107(a)(1), for failure to state a claim. In its final decision, the Agency also determined that Complainant failed to establish that she was subjected to unlawful discrimination or harassment. On appeal, the Commission affirmed the Agency’s final decision. Specifically, we found that Complainant failed to establish a claim of actionable harassment because she failed to show that the actions alleged were based on her disability. We further found that the Agency articulated legitimate, nondiscriminatory reasons for its actions and that Complainant failed to show that these reasons were pretextual. In her request for reconsideration, Complainant contends that we erred in finding no discrimination and makes numerous arguments which should have been raised on appeal. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9. § VILA. 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. 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. 0120152387 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. 0520180178 3 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 April 5, 2018 Date Copy with citationCopy as parenthetical citation