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

Equal Employment Opportunity Commission

Mar 7, 2018

0520180108 (E.E.O.C. Mar. 7, 2018)

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

Lovella S.,1
Complainant,

v.

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

Request No. 0520180108

Appeal No. 0120152458

Hearing No. 450-2014-00163X

Agency No. 4G-760-0117-13

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120152458 (October 11, 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).

The record indicates that on November 9,2013, Complainant filed an EEO complaint alleging
that the Agency discriminated against her on the bases of disability (Sciatica, two bulging discs,
injured left knee), age (42), genetic information (unspecified), and reprisal for prior protected
EEO activity when it:

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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1. forced Complainant to work on January 10, 2013, and did not pay her overtime;
2. did not pay Complainant continuation of pay (COP) for January 14 through February 1,
2013, delayed submitting her COP forms, and controverted her COP request with OWCP,
which resulted in denial of benefits;
3. denied or failed to properly pay Complainant annual leave for the weeks of June 22, 2013
and July 1, 2013;
4. denied or failed to properly pay Complainant sick leave for the week of September 1,
2013;
5. denied or failed to properly pay Complainant annual leave for October 14, 2013;
6. gave Complainant 32 hours of leave for November 18 through 19, 2013, rather than the
16 hours of leave she requested; and
7. the Agency gave Complainant 0 hours of leave for December 21 through 27, 2013, rather
than the 32 hours of leave she requested.

In a partial acceptance/partial dismissal, dated December 30, 2013, the Agency dismissed claims
(1) through (3) pursuant to 29 C.F.R. § 1614.107(a)(2) for untimely EEO contact and claim (2)
additionally pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim. The Agency
investigated claims (4) through (7). Following the investigation, Complainant was then given
her right to request a hearing before an Equal Employment Opportunity Commission
Administrative Judge (AJ). Complainant requested a hearing. On April 28, 2015, the AJ issued
a decision without a hearing. On May 7, 2015, the Agency issued its final order adopting the
AJ’s decision. Upon Complainant’s appeal, the Commission affirmed the Agency’s final order.
In her request, Complainant reiterates arguments she previously made.

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. 0120152458 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

March 7, 2018
Date