Preston B.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.Download PDFEqual Employment Opportunity CommissionFeb 7, 20180520180025 (E.E.O.C. Feb. 7, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Preston B.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency. Request No. 0520180025 Appeal No. 0120151987 Hearing No. 430-2010-00426X Agency No. 1K-281-0023-10 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Preston B. v. U.S. Postal Serv., EEOC Appeal No. 0120151987 (Aug. 23, 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). On June 3, 2010, Complainant filed a formal EEO complaint alleging that the Agency discriminated against him and subjected him to a hostile work environment on the bases of race (African-American), sex (male), color (Black), age (50), and in reprisal for prior protected EEO activity when: 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. 0520180025 2 1. On January 6, 2010, Complainant’s manager (S1) called him into the office, yelled at him, and called him a “child” three times; 2. On March 23, 2010, management issued Complainant a letter of warning (LOW) for Failure to Work in a Safe Manner/unsafe act; and 3. On May 4, 2010, management issued Complainant a seven-day suspension for Failure to Follow Instructions/Unsatisfactory Work Performance. Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). The AJ assigned to the matter issued a summary judgment decision finding that Complainant had not been subjected to discrimination or reprisal. The Agency issued a final order fully implementing the AJ’s decision. Complainant appealed and, in Complainant v. U.S. Postal Serv., EEOC Appeal No. 0120112749 (Jan. 23, 2014), the Commission vacated the final order and remanded the complaint back to the AJ after determining that the record needed further development. Following the Commission’s remand order, the AJ dismissed Complainant’s hearing request based on Complainant’s failure to comply with her orders, appear for a pre-hearing conference, and submit a pre-hearing report on several occasions. The AJ remanded the case for a final Agency decision (FAD). In the FAD, the Agency determined that Complainant failed to show that he was subjected to discrimination, reprisal, or a hostile work environment. Complainant appealed and, in Preston B. v. U.S. Postal Serv., EEOC Appeal No. 0120151987 (Aug. 23, 2017), the Commission affirmed the FAD. In his request for reconsideration, Complainant expresses his disagreement with the appellate decision and reiterates previous arguments considered on appeal. The Commission emphasizes that a request for reconsideration is not a second appeal to the Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at 9-18 (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to 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. Complainant has not done so here. Complainant has presented no evidence to support reconsideration of the Commission’s finding that he failed to show that the Agency’s actions were motivated by discriminatory or retaliatory animus. As such, Complainant has not put forth any persuasive arguments to support granting the request for reconsideration. 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. 0120151987 remains the Commission’s decision. There is no further right of administrative appeal on the decision of the Commission on this request. 0520180025 3 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 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 February 7, 2018 Date Copy with citationCopy as parenthetical citation