Lenard H.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Great Lakes Area), Agency.

Equal Employment Opportunity Commission

Sep 11, 2020

2020002515 (E.E.O.C. Sep. 11, 2020)

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

Lenard H.,1
Complainant,

v.

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

Request No. 2020002515

Appeal No. 2019005120

Hearing No. 470-2015-00157X

Agency No. 4J-460-0057-14

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2019005120 (January 22, 2020). 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).

Complainant was employed by the Agency as a City Carrier in Danville, Indiana. Complainant
filed an EEO complaint alleging discrimination on the bases of disability, age, and reprisal when:

1. On or around June 11, 2014, the Agency issued him a Letter of Warning, citing a Failure
to Follow Instructions when he did not use his personal cell phone to conduct Postal
business;

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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2. On unspecified date(s) he was told he could not use the restroom until he was clocked out;
3. The Agency issued him a Notice of 7-day Paper Suspension dated March 13, 2014, citing
a failure to follow instructions;
4. The Agency issued him a Letter of Warning dated February 20, 2015, citing a Failure to
Follow Instructions;
5. On or about July 2, 2012, the Agency refused to accept his doctor-imposed limitation;
6. On or about August 27, 2014, the Agency refused to accept his doctor-imposed limitation;
7. On or about November 5, 2014, the Agency denied his Safety Form 1767; and
8. On or about February 20, 2015, two supervisors lied about him.

The Agency investigated the matter and thereafter Complainant requested a hearing. Our prior
appellate decision affirmed the Equal Employment Opportunity Commission Administrative
Judge’s (AJ) decision following a hearing which found in favor of the Agency, concluding
Complainant failed to prove his discrimination claims. In her lengthy decision, the AJ found that
Complainant did not show that the Agency’s reasons for its actions were a pretext for
discrimination or retaliation. The AJ noted that sometimes Complainant was not a credible witness.

In his request for reconsideration, Complainant expresses his disagreement with the previous
decision, and alleges that the Agency’s witnesses were not truthful. We emphasize that a request
for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, § VII.A.
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.

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. 2019005120 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.

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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

September 11, 2020
Date