Tommie O.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.

Equal Employment Opportunity Commission

Mar 9, 2017

0520170102 (E.E.O.C. Mar. 9, 2017)

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

Tommie O.,1
Complainant,

v.

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

Request No. 0520170102

Appeal No. 0120162295

Hearing No. 530-2012-00256X

Agency No. 4C-080-0033-12

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120162295 (Oct. 25, 2016). 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 March 19, 2012, Complainant filed an EEO complaint alleging that the Agency
discriminated against him on the bases of sex (male), age (46), color (white), and race
(Caucasian) when:

1. In November 2011, a junior letter carrier was reassigned to Complainant's office,
denying Complainant the opportunity for conversion to full time regular; and

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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2. In December 2011, Complainant was informed that since 2008, over 270 Part-time
Flexible (PTF) carriers from offices across New Jersey were converted to Full-time
and Complainant was not converted.

Following an investigation, Complainant requested a hearing before an Equal Employment
Opportunity Commission Administrative Judge (AJ). The AJ assigned to the case issued
summary judgment in favor of the Agency, finding that Complainant had not been subjected to
discrimination as alleged. The Agency subsequently issued a final order adopting the AJ’s
decision. Complainant appealed and in EEOC Appeal No. 0120162295 (Oct. 25, 2016), the
Commission affirmed the final order.

In his request for reconsideration, Complainant expresses his disagreement with the prior
decision and reiterates arguments previously made in his appeal. Additionally, Complainant
re-submitted a copy of his original brief in support of his appeal arguing that the Commission
failed to consider it in its appellate decision.

The Commission’s previous decision noted Complainant’s arguments presented in his response
to the Agency’s rebuttal brief, but did not mention his initial brief in support of his appeal
submitted earlier. Notwithstanding the Commission’s failure to specifically reference
Complainant’s initial brief in support of his appeal, the Commission is not persuaded that the
previous decision was in error. 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.
Complainant has presented no evidence or persuasive arguments to support his request.

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. 0120162295 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
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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
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

March 9, 2017
Date