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

Equal Employment Opportunity Commission

Nov 17, 2016

0520160508 (E.E.O.C. Nov. 17, 2016)

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

Milissa H.,1
Complainant,

v.

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

Request No. 0520160508

Appeal No. 0120161946

Agency No. 4E-640-0025-16

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120161946 (July 26, 2016). 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 subjected her to unlawful
discrimination on the bases of her sex and in reprisal for prior protected EEO activity when
she was subjected to harassment. In its final decision, the Agency dismissed the complaint,
pursuant to 29 C.F.R. § 1614.107(a)(2), for failure to timely raise the matter with an EEO
Counselor. On appeal, the Commission affirmed the Agency’s dismissal, finding that, while
Complainant contacted an EEO Counselor within the allotted time period, she abandoned the
complaint when she failed to respond to the EEO Counselor’s requests for information.

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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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. The Commission has held that “a
complainant who receives counseling on an allegation, but does not go forward with a formal
complaint on that allegation is deemed to have abandoned it and consequently, cannot raise it
in another complaint.” Small v. U.S. Postal Service, EEOC Request No. 05980289 (July 16,
1999). The same rule should apply here since, as a result of Complainant’s failure to
cooperate, the EEO counselor was unable to perform her counseling duties. Because of
Complainant’s inaction, the complaint was properly deemed abandoned. 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. 0120161946 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.

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
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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

November 17, 2016
Date