Stacy M.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency.

Equal Employment Opportunity Commission

Feb 4, 2016

0520160015 (E.E.O.C. Feb. 4, 2016)

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

Stacy M.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.

Request No. 0520160015

Appeal No. 0120151695

Agency No. 1F-968-0001-15

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120151695 (August 24, 2015). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to reconsider any previous Commission decision 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 February 14, 2015, Complainant filed a formal complaint alleging that the Agency
subjected him to discrimination on the bases of race, age, disability and in reprisal for prior
protected EEO activity when in October 2014, his manager shared information with his
neighbors about his work status, disciplinary actions, and his Office of Workers’
Compensation (OWCP) case. Complainant alleged that his manager’s actions constituted “a
violation of the Privacy Act.”

The Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to
state a claim. Complainant appealed and, in Complainant v. U.S. Postal Serv., EEOC Appeal

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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No. 0120151695 (Aug. 24, 2015), the Commission affirmed the dismissal. In so finding, the
Commission noted that allegations regarding Privacy Act violations were outside of the
purview of the Commission.

In his request for reconsideration, Complainant expresses his disagreement with the previous
decision and raises numerous additional claims of discrimination. To the extent that
Complainant is attempting to raise new claims for the first time, the Commission reminds
Complainant that he cannot raise new claims of discrimination in his request for
reconsideration, and he must raise new claims of discrimination with an EEO counselor within
45 days from when he knew or should have known of the alleged discrimination. 29 C.F.R. §
1614.105(a)(1). Further, 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. 0120151695 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. 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
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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

February 4, 2016
Date