[Redacted], Cary G., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service, (Pacific), Agency.

Equal Employment Opportunity Commission

Jul 22, 2021

Appeal No. 2020001710 (E.E.O.C. Jul. 22, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Cary G.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service, (Pacific), Agency. Request No. 2021002936 Appeal No. 2020001710 Hearing No. 480-2019-00779X Agency No. 1F-968-0006-18 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Cary G. v. United States Postal Service, EEOC Appeal No. 2020001710 (March 15, 2021). 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). During the period at issue, Complainant was employed by the Agency as a Mail Processing Clerk in Honolulu, Hawaii. On October 29, 2018, Complainant filed a formal complaint, claiming discrimination based on age, disability, and in reprisal for prior protected activity when: (1) on March 14, 2018, he was 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. 3 2021002936 sent to work with a co-worker against whom he had filed a prior complaint; and (2) the co- worker walks by Complainant’s work area to see what he is doing, and management downplays Complainant’s concerns. After an investigation, Complainant requested a hearing before an Administrative Judge (AJ). The AJ notified the parties sua sponte of an intent to issue a decision without a hearing. The AJ thereafter issued a summary judgment decision, finding no discrimination. The Agency issued a final order adopting the AJ’s finding of no discrimination. Complainant appealed, and the prior appellate decision affirmed the Agency’s final order. In the instant request for reconsideration, Complainant initially indicates the desire to “enter more evidence” in support of his harassment claim. Complainant attempts to raise arguments previously made, or which could have been made, on appeal. However, we emphasize 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), Chap. 9 § VI.A (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. 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. 2020001710 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. 4 2021002936 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 22, 2021 Date