0520110691
02-24-2012
Paul Juarez, Jr., Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.
Paul Juarez, Jr.,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Request No. 0520110691
Appeal No. 0120092462
Agency No. 1F-937-0016-06
DENIAL
Complainant timely requested reconsideration of the decision in Paul
Juarez v. U.S. Postal Service, EEOC Appeal No. 0120092462 (August
5, 2011). 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(b).
In our previous decision, we found that an Agency’s settlement
agreement entered into with Complainant was unenforceable and void for
lack of consideration. The June 28, 2006, settlement agreement provided,
it its entirety that “the Agency agree[s] to treat [Complainant] with
respect and dignity in the workplace and to not single him out.” We
noted that the Agency was merely agreeing to treat Complainant according
to existing policies and procedures, which provided Complainant nothing
more than that to which he was already entitled as an employee. Therefore,
we voided the settlement agreement for lack of consideration and ordered
the Agency to reinstate Complainant’s EEO complaint.
In his request for reconsideration Complainant, in pertinent part,
contends that he is experiencing ongoing harassment and being singled out
because he filed numerous EEO complaints. Complainant does not address
the settlement agreement in his request for reconsideration.
We note that our previous decision was decided in favor of Complainant,
finding that the settlement agreement was unenforceable. We therefore
ordered the Agency to reinstate Complainant’s complaint. To the extent
Complainant raises new claims in his request for reconsideration,
we decline to address these arguments as it is inappropriate for
Complainant to raise such new claims for the first time in a request
for reconsideration. See Hubbard v. Dep't of Homeland Sec., EEOC Appeal
No. 01A40449 (Apr. 22, 2004).1
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(b), and it is the decision of the Commission to DENY
the request. The decision in EEOC Appeal No. 0120092462 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 (Z0610)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request from the Court that
the Court appoint an attorney to represent you and that the Court also
permit you to file the action without payment of fees, costs, or other
security. See Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. § 2000e et seq.; the Rehabilitation Act of 1973, as amended,
29 U.S.C. §§ 791, 794(c). The grant or denial of the request is within
the sole discretion of the Court. Filing a request for an attorney with
the Court does not extend your time in which to file a civil action.
Both the
request and the civil action must be filed within the time limits as
stated in the paragraph above (“Right to File a Civil Action”).
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
February 24, 2012
Date
1 Should Complaint wish to pursue these new claims of discrimination,
he is advised to contact an EEO Counselor within 15 days of his receipt
of this decision. For timeliness purposes, the date f Complainant’s
initial contact with the EEO Counselor will be deemed to be September 2,
2011, the date on which his request for reconsideration was filed.
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0520110691
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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