0520130186
06-14-2013
Terrence A. Forbes, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.
Terrence A. Forbes,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Request No. 0520130186
Appeal No. 0120121678
Agency No. 4F-926-0039-12
DENIAL
Complainant timely requested reconsideration of the decision in Terrence A. Forbes v. U.S. Postal Service, EEOC Appeal No. 0120121678 (November 21, 2012). 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(b).
In our previous decision, we affirmed the Agency's dismissal of Complainant's complaint for failure to state a claim. Complainant alleged that he was subjected to discrimination on the bases of age and in reprisal for prior EEO activity when:
1. on October 18, 2011 he suffered an adverse employment action and became incapacitated and unable to work due to a hostile work environment; and
2. on October 18, 2011, management followed him around outside of work.
We noted that Complainant failed to explain how he is aggrieved as a result of any Agency action. We noted that nothing in the record indicates that Complainant suffered any harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. We also noted that Complainant failed to explain what action the Agency took. We further found that Complainant's claims were not sufficiently severe so as to state a claim of harassment.
In his request for reconsideration, Complainant contends that he has been followed continually by Agency employees and unknown management officials while he was interacting with his family. Complainant contends that this intimidation and harassment has caused him to suffer from anxiety and stress disorder, making him disabled. Complainant contends that the harassment has prevented him from working at the Agency, which resulted in him being absent from work for nine months.
We note that Complainant essentially reiterates contentions and arguments made during the appeal. We remind Complainant 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-HO) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous 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(b), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120121678 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 (Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request from the Court that the Court appoint an attorney to represent you and that the Court also permit you to file the action without payment of fees, costs, or other security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c). The grant or denial of the request is within the sole discretion of the Court. Filing a request for an attorney with the Court does not extend your time in which to file a civil action. Both the request and the civil action must be filed within the time limits as stated in the paragraph above ("Right to File a Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
June 14, 2013
Date
2
0520130186
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520130186