Janita H.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Southwest Area), Agency.

Equal Employment Opportunity Commission

Apr 8, 2016

0520160131 (E.E.O.C. Apr. 8, 2016)

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

Janita H.,1
Complainant,

v.

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

Request No. 0520160131

Appeal No. 0120152404

Agency No. 4G-770-0141-15

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120152404
(November 3, 2015). 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 unlawful
sex discrimination when: (1) on or around January 25, 2012, management forced her to sign a
Last Chance Agreement; (2) in August 2012, management awarded her a bid position but later
rescinded the offer; (3) on or around September 22, 2014, management reinstated her notice of
termination; and (4) on unspecified dates, union officials failed to properly handle her case in
the grievance process. In its final decision, the Agency dismissed claims (1)-(3), pursuant to 29
C.F.R. § 1614.107(a)(2), for untimely EEO counselor contact. Specifically, the Agency found
that Complainant did not initiate counselor contact until April 6, 2015, which is well beyond
the 45-day time limit. The Agency also dismissed claim (4), pursuant to 29 C.F.R.
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.

0520160131

2
§1614.107(a)(1), for failure to state a claim, finding that the claim is a collateral attack on the
negotiated grievance procedure. On appeal, the Commission affirmed the Agency’s final
decision.

In her request for reconsideration, Complainant reiterates arguments made and fully considered
on appeal. 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. 0120152404 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 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 8, 2016
Date