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

Equal Employment Opportunity Commission

Jul 13, 2017

0520170249 (E.E.O.C. Jul. 13, 2017)

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

Lowell H.,1
Complainant,

v.

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

Request No. 0520170249

Appeal No. 0120170527

Agency No. 4C-440-0239-16

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120170527
(February 22, 2017). 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 his underlying complaint, Complainant alleged that the Agency subjected him to unlawful
discrimination on the bases of race (African-American), sex (male), color (Black), and in reprisal
for prior protected EEO activity when:

1. on September 5, 2016, he was informed by an Agency staff member that he was
blacklisted by the Agency from being rehired, employed, or reinstated;

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 September 16, 2016, a second Agency staff member confirmed that he was
discriminated and/or retaliated against for prior equal employment opportunity
(EEO) activity; and

3. after he wrote a Human Resources Staffing Specialist with the Cleveland P&DC
that he was discriminated against and blacklisted and may be forced to file an
EEO complaint, she responded by letter dated September 21, 2016, that the
Agency was taking no action on his submission.

In its final decision, the Agency dismissed the complaint, pursuant to 29 C.F.R.
§ 1614.107(a)(1), for failure to state a claim. On appeal, the Commission affirmed the Agency’s
dismissal, finding that Complainant failed to show that he suffered a harm or loss with respect to
a term, condition, or privilege of employment for which there is a remedy.

In his request for reconsideration, Complainant reiterates arguments he raised on appeal.
Specifically, he seeks to introduce evidence of unsuccessful job applications not adduced until
after the Agency rendered its final decision. The previous decision correctly declined to address
any claim based on that new evidence. We find that Complainant’s arguments do not
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. Accordingly, we find that Complainant has failed to demonstrate that the Commission
should reconsider its appellate decision.

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. 0120170527 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

July 13, 2017
Date