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

Equal Employment Opportunity Commission

Jun 29, 2021

Appeal No. 2020002676 (E.E.O.C. Jun. 29, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Wiley G.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Great Lakes Area), Agency. Request No. 2021002839 Appeal No. 2020002676 Hearing No. 441-2019-00052X Agency No. 1J-531-0037-18 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2020002676 (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). Complainant was employed by the Agency as a Supervisor, Distribution Operations, EAS-17, at its Processing and Distribution Center in Milwaukee, Wisconsin. Complainant filed an EEO complaint alleging harassment in reprisal for prior EEO activity when: 1. On March 28, 2018, he was informed that his higher-level detail was ending and his days off would be changed; 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. 2021002839 2 2. On or around April 10, 2018, he was informed higher level details for him would only be three months at a time; 3. On May 4, 2018, he was informed his days off would be changed; 4. On May 10, 2018, he was given a reprimand; 5. On June 5, 2018, he was only given one option for a new assignment; and 6. On June 14, 2018, he was issued a Letter of Warning. The Agency investigated the matter and thereafter Complainant requested a hearing. Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge’s (AJ) decision following a hearing which found in favor of the Agency, concluding Complainant failed to prove his discrimination and harassment claims based on reprisal. In her decision, the AJ found that Complainant did not prove that the alleged harassing incidents were motivated at all by retaliatory animus for his prior EEO activity as alleged. In his request for reconsideration, Complainant expresses his disagreement with the previous decision and argues he was subjected to retaliation. Even if Complainant establishes a prima facie case of retaliation, as he argues in his request, he has not shown that the Agency’s reasons for its actions were a pretext for retaliation. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, § VII.A. 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. 2020002676 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 (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 2021002839 3 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 29, 2021 Date