Mercedez A.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency.Download PDFEqual Employment Opportunity CommissionOct 5, 20160520160359 (E.E.O.C. Oct. 5, 2016) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Mercedez A.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency. Request No. 0520160359 Appeal No. 0120133205 Hearing No. 420-2013-00062X Agency No. 4G-390-0028-12 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested reconsideration of the decision in EEOC Appeal No. 0120133205 (May 21, 2015). 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 her underlying complaint, Complainant alleged that the Agency discriminated against her and subjected her to a hostile work environment based on her sex (female), religion (Mormon – Church of Latter Day Saints), age (57), and in reprisal for prior protected EEO activity when: 1. Since October 22, 2011, she attempted multiple times to work with management to obtain correct pay for October and November of 2011; 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. 0520160359 2 2. On February 24, 2012, she was told to clock out and leave her shift by an acting supervisor; 3. On March 7, 2012, she was issued a Notice of Termination, effective March 9, 2012; and 4. On unspecified dates, she was yelled at, told that she would be fired, and subjected to inappropriate comments. At the conclusion of the investigation, the Agency provided Complainant with a copy of the report of investigation and notice of her right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ). Complainant timely requested a hearing. The Agency filed a motion for summary judgment. The AJ noted that Complainant did not file an opposition to the Agency’s motion for summary judgment and issued a decision without a hearing finding no discrimination. The Agency issued a notice of final action fully implementing the AJ’s decision. Complainant appealed the Agency’s notice of final action to the Commission. In EEOC Appeal No. 0120133205 (May 21, 2015), the Commission affirmed the Agency’s notice of final action. Thereafter, Complainant filed a request for reconsideration with the Commission on June 22, 2015. The Commission inadvertently docketed that correspondence as a new appeal under EEOC Appeal No. 0120152273. Complainant then re-submitted her request for reconsideration on July 22, 2015. The Commission inadvertently docketed that correspondence as a new appeal under EEOC Appeal No. 0120152576. Subsequently, the Commission administratively closed EEOC Appeal Nos. 0120152273 and 0120152576 and redocketed the matter as EEOC Request No. 0520160359. Despite the Agency’s argument that Complainant’s request for reconsideration is untimely, we find Complainant timely filed her request within 30 days of her receipt of the Commission’s decision in EEOC Appeal No. 0120133205. 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. 0120133205 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 0520160359 3 court. “Agency” or “department” means the national organization, and not the local office, facility or department in which you work. 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 October 5, 2016 Date Copy with citationCopy as parenthetical citation