Karma S.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency.

Equal Employment Opportunity Commission

Nov 23, 2016

0520160521 (E.E.O.C. Nov. 23, 2016)

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

Karma S.,1
Complainant,

v.

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

Request No. 0520160521

Appeal No. 0120141991

Agency No. 4E-800-0297-06

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120141991 (August 24, 2016). 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).

The record indicates that Complainant filed her complaint on December 12, 2006, based on
disability and in reprisal for prior EEO activity when: (1) on August 16, 2006, she was denied
a bid as a Sales, Services Distribution Associate; (2) on September 17, 2006, she was harassed
when she had to spend two hours with management officials completing her injury claim
forms; (3) on October 23, 2006, she was offered a limited duty assignment which her doctor
did not approve; (4) on December 19, 2006, she requested to return to work on Tour 2, her
doctor released her to work to Tour 2 on January 2, 2007, but her request for light duty was
denied on February 2, 2007; and (5) management made negative adjustments to her Thrift
Savings Plan (TSP) account.

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.
0520160521

2

On October 15, 2007, the Agency initially issued its final decision finding no discrimination
concerning the complaint. On appeal, the Commission, in EEOC Appeal No. 0120080613
(December 23, 2013), affirmed the Agency’s finding of no discrimination with regard to
claims (2) – (5), but determined that the evidence established that Complainant was
discriminated against, as alleged in claim (1), when, in August 2006, she was denied her bid
for the position of Sales, Services, and Distribution Associate in the Glendale Branch of the
Denver Post Office. Therein, the Commission, among other remedies, ordered the Agency to
conduct a supplemental investigation to determine Complainant’s entitlement to compensatory
damages under the Rehabilitation Act. On April 3, 2014, the Agency issued its final decision
awarding Complainant $5,000 in nonpecuniary, compensatory damages. Complainant
appealed. The Commission affirmed the Agency’s final decision finding the nonpecuniary
damages award of $5,000 was appropriate.2 In Complainant’s request, we note that
Complainant maintains that $5,000 is inadequate for her compensatory damages for her
reassignment and continuous harassment on the part of the Agency which do not concern claim
(1), described above.

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. 0120141991 remains the
Commission's decision. There is no further right of administrative appeal on the decision of
the Commission on this request.

ORDER

Within 30 calendar days from the date this decision becomes final, the Agency shall, if it has
not already done so, send Complainant a payment in the amount of $5,000 representing a
nonpecuniary, compensatory damages award for the discriminatory denial of her bid in August
2006.

IMPLEMENTATION OF THE COMMISSION’S DECISION (K0610)

Compliance with the Commission’s corrective action is mandatory. The Agency shall submit
its compliance report within thirty (30) calendar days of the completion of all ordered
corrective action. The report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 77960, Washington, DC
20013. The Agency’s report must contain supporting documentation, and the Agency must
send a copy of all submissions to the Complainant. If the Agency does not comply with the
Commission’s order, the Complainant may petition the Commission for enforcement of the
order. 29 C.F.R. § 1614.503(a). The Complainant also has the right to file a civil action to
enforce compliance with the Commission’s order prior to or following an administrative

2 The Commission noted that the record reflected that on May 7, 2014, the Agency sent a
check to Complainant in the amount of $5,000.
0520160521

3
petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R.
§ 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the
underlying complaint in accordance with the paragraph below entitled “Right to File a Civil
Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil
action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing
of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R.
§ 1614.409.

COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (R0610)

This is a decision requiring the Agency to continue its administrative processing of your
complaint. However, if you wish to file a civil action, you have the right to file such action in
an appropriate United States District Court within ninety (90) calendar days from the date that
you receive this decision. In the alternative, you may file a civil action after one hundred and
eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your
appeal with the Commission. 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. Filing a civil action will terminate the
administrative processing of your complaint.

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

November 23, 2016
Date