Lavonia M.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.Download PDFEqual Employment Opportunity CommissionApr 25, 20180520180198 (E.E.O.C. Apr. 25, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Lavonia M.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency. Request No. 0520180198 Appeal No. 0120152460 Hearing No. 430-2014-00284X Agency No. 4K-280-0074-13 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120152460 (November 21, 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 and reprisal discrimination when: (1) from November 29, 2012, management denied her a reasonable accommodation and forced her to work outside her medical restrictions; (2) from November 29, 2012, through June 2013, management harassed and ridiculed her for asking for auxiliary assistance; (3) from January 4, 2013, her supervisor subjected her to untruthful, retaliatory, and vindictive street observations; (4) on various dates in May and June 2013, her 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. 0520180198 2 family and medical leave act (FMLA) sick leave was incorrectly entered into the time and attendance system as regular sick leave; (5) on or about May 2013, she did not accrue the correct amount of earned leave; (6) on June 13, 2013, the postmaster informed her that she would be taken out of her T-6 position and placed in an unassigned regular position; (7) on or about June and July 2013, the postmaster required Complainant to obtain additional CA-17s regarding her medical condition; (8) on or around August 2013, management forced her to submit a request for a district reasonable accommodation meeting; (9) from December 31, 2013, she has been subjected to coworker harassment, ridicule, and humiliation which is condoned and encouraged by management; and (10) on January 4 and 6, 2014, management charged her 16 hours of sick leave without pay instead of FMLA paid sick leave. Following an investigation, Complainant requested a hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ), however the AJ dismissed the matter on the grounds that Complainant failed to respond to orders. The AJ remanded the case to the Agency for issuance of a final decision, pursuant to 29 C.F.R. § 1614.110(b). In its final decision, the Agency found no discrimination. On appeal, the Commission affirmed the Agency’s decision. Specifically, we found that Complainant failed to show that she was denied a reasonable accommodation or that the Agency violated the Rehabilitation Act by requesting additional medical documentation. We further found that the Agency articulated legitimate, nondiscriminatory reasons for its actions that Complainant failed to show were pretextual, and that she failed to establish that she was subjected to a hostile work environment, as she did not show that the Agency’s actions were motivated by her disability or prior EEO activity. In her request for reconsideration, Complainant has not proffered any arguments or evidence to show that our decision on appeal involved a clearly erroneous interpretation of material fact or law or that it will have a substantial impact on the policies, practices, or operations of the Agency. Accordingly, 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. 0120152460 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. 0520180198 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 April 25, 2018 Date Copy with citationCopy as parenthetical citation