0520120602
12-06-2012
Thomas E. Keefe, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Capital Metro Area), Agency.
Thomas E. Keefe,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Request No. 0520120602
Appeal No. 0120121718
Agency No. 4K000000212
DENIAL
Complainant timely requested reconsideration of the decision in Thomas E. Keefe v. U.S. Postal Service, EEOC Appeal No. 0120121718 (August 20, 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).
On January 13, 2012, Complainant filed a formal complaint alleging that the Agency subjected him to discrimination on the bases of race (Caucasian), national origin (American), sex (male), religion (Catholic), color (white), and age (59) when, on October 12 and l3, 2011, he was harassed regarding a settlement document which he provided to a manager who then put her finger in his face and yelled at him; and on an unspecified date, he was forced to take an employee on detail into one of his units (Labor Relations).
The previous decision, finding that these matters were neither severe nor pervasive enough to have altered the conditions of Complainant's employment, affirmed the Agency's dismissal of the complaint. In his request for reconsideration, Complainant argues that the previous decision should be reconsidered because as a result of his complaint, he has been downgraded from his position and has suffered a loss of income.
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-110) (rev. Nov. 9, 1999), at 9-17. A reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Here, we find no evidence that Complainant has met the criteria for reconsideration. Complaint, for the most part, does not address the specific findings of the previous decision but instead alleges that, since the filing of his complaint, he has been subjected additional acts of discrimination.1 This does not, however, establish that the previous decision clearly erred with respect to the matters at issue in the subject complaint.
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. 0120121718 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
__12/6/12________________
Date
1 Complainant is advised that if he believes he has been subjected to additional acts of discrimination he needs to contact an EEO counselor.
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0520120602
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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