Robert A,1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Great Lakes Area), Agency.

Equal Employment Opportunity Commission

Nov 5, 2020

2020003509 (E.E.O.C. Nov. 5, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Robert A,1
Complainant,

v.

Louis DeJoy,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.

Request No. 2020003509

Appeal No. 0120182698

Hearing No. 440-2015-00118X

Agency No. 4J-606-0135-14

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120182698 (February 21, 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 worked as a Full Time Bulk Mail Technician at the Agency’s Cardiss Collins
Processing and Distribution Center in Chicago, Illinois. Complainant filed an EEO complaint,
which he later amended, alleging that the Agency discriminated against him and subjected him to
a hostile work environment on the bases of sex (male) and reprisal 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.
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1. Complainant was not paid for five hours he worked out of schedule from June 20 to 27,
2014;
2. On July 7, 2014, Complainant was informed that his medical documentation was
unacceptable, and he would not be paid;
3. From January 10, 2014, to May 1, 2014, Complainant’s email and parking privileges were
suspended;
4. On or about September 19, 2014, his manager (Manager) made threats to terminate him;
5. On or about November 26, 2014, Manager asked if Complainant was talking on his cell
phone; and
6. On or about December 30 and 31, 2014, Manager yelled at Complainant.

Our prior appellate decision affirmed the Agency’s final decision that concluded that Complainant
failed to prove that the Agency subjected him to discrimination or reprisal as alleged.

In his request for reconsideration, Complainant expresses his disagreement with the previous
decision and resubmits numerous documents. 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. 0120182698 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 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.
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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

November 5, 2020
Date