[Redacted], Rosario D., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Great Lakes Area), Agency.

Equal Employment Opportunity Commission

Mar 11, 2021

Appeal No. 2020004822 (E.E.O.C. Mar. 11, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Rosario D.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Great Lakes Area), Agency. Request No. 2021001475 Appeal No. 2020004822 Agency No. PRE-012651-2020 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Rosario D. v. U.S. Postal Serv., EEOC Appeal No. 2020004822 (Nov. 30, 2020). 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). Complainant, a Field Maintenance Operations Manager at the Agency’s Processing and Distribution Center in Palatine, Illinois, filed a formal EEO complaint alleging that the Agency subjected him to discrimination on the bases of race (Asian), national origin (India), religion (Hindu), color (Brown), and in reprisal for prior protected EEO activity when: 1. He requested a non-competitive lateral transfer into a Maintenance Engineering Specialist position, and he was denied, and subsequently, on June 12, 2019, he applied for and was not awarded the position; 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. 2021001475 2 2. He requested a lateral transfer into a Supervisor Maintenance Operations position and he was denied, and subsequently on August 19, 2019, he applied for and was not awarded the position; and 3. He requested a non-competitive lateral transfer into a Supervisor Maintenance Operations position, and he was denied, and subsequently, on October 25, 2019, he applied for and was not awarded the position. The Agency dismissed claims (1) and (2) for untimely EEO counselor contact, and the entire complaint pursuant to 29 C.F.R. § 1614.107(a)(2), due to the untimely filing of the formal complaint. Complainant appealed, and, in Rosario D., v. U.S. Postal Serv., EEOC Appeal 2020004822 (Nov. 30, 2020), the Commission affirmed the Agency’s final decision dismissing the complaint. Therein, the Commission found that Complainant had not presented adequate justification to warrant an extension of the time limit for filing the formal complaint. As a result, the Commission found that the Agency properly dismissed the complaint as untimely filed. In his request for reconsideration, Complainant expresses disagreement with the Commission’s previous decision due to erroneous interpretation of material facts. However, Complainant does not submit any arguments or evidence regarding the timeliness of filing his formal complaint. The Commission emphasizes that a request for reconsideration is not a second appeal. 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. 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. 2020004822 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. 2021001475 3 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 March 11, 2021 Date