[Redacted], Diane T., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

Equal Employment Opportunity Commission

Jun 3, 2021

Appeal No. 2021000205 (E.E.O.C. Jun. 3, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Diane T.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Capital Metro Area), Agency. Request No. 2021002526 Appeal No. 2021000205 Agency No. 4K-270-0128-20 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Diane T. v. U.S. Postal Serv., EEOC Appeal No. 2021000205 (Feb. 10, 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). On July 23, 2020, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the basis of age when: 1. On January 17, 2020, management ended her temporary assignment on PS Form 1723. 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. 2021002526 2 2. Beginning on or about January 7, 2020 through February 25, 2020, her request(s) for Administrative Leave were not granted and she was charged Annual Leave or Sick Leave. 3. Prior to February 25, 2020, she was not provided updated scheme training, she was criticized because she did not know the scheme changes, she was not provided overtime, and her desk was moved across the building. 4. Prior to February 25, 2020, and possibly years ago, she was denied her Back Pay Award and Annual and Sick Leave Award. 5. Prior to February 25, 2020, she was yelled at on the work room floor, asked when she was going to retire, and management asked questions about her EEO activity. 6. Prior to February 25, 2020, she was denied access to her employee records located with the Office of Personnel Management (OPM). 7. Beginning on or about February 25, 2020 through March 6, 2020, she was required to provide medical documentation and not allowed to return to work. 8. She disagreed with the union withdrawing grievance (4K-C-2022-5354) dated July 14, 2020 and entering into an agreement which allowed management to change her schedule without notice. The Agency issued its final decision dismissing the complaint for failure to state a claim and/or due to untimely EEO counselor contact. Complainant appealed, and the Commission’s prior decision affirmed the Agency’s decision. In her request, Complainant provides no evidence to warrant granting her request. 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) (Aug. 5, 2015), at 9-18; 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. 2021000205 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2021002526 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 June 3, 2021 Date