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

Equal Employment Opportunity Commission

Aug 3, 2018

0520180248 (E.E.O.C. Aug. 3, 2018)

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

Virginia V.,1
Complainant,

v.

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

Request No. 0520180248

Appeal No. 0120160577

Agency No. 4F-913-0049-15

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120160577 (January 18, 2018).
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).

In the underlying complaint, Complainant claimed that the Agency discriminated against her based
on national origin (Hispanic), sex (female), and reprisal (prior protected EEO activity) when, on
January 17, 2015, she was issued a Notice of Removal for Breach of a Last Chance Agreement.

As we noted in our prior decision, the record demonstrates that when the responsible management
official issued the January 15, 2015 Notice of Removal, she had good cause to believe that
Complainant breached her August 27, 2014 Last Chance Agreement (LCA). The LCA specified

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.
0520180248

2
that Complainant could not have more than two instances of unscheduled leave within a postal
quarter during the two-year agreement. The LCA further defined unscheduled absences as “any
accumulation of emergency, annual, tardiness, or sick leave not scheduled and approved in
advance.” The undisputed record shows that Complainant had two incidents of tardiness and an
absence during the relevant time-frame. We found insufficient evidence of discriminatory or
retaliatory animus on the part of any responsible management official. Complainant fails to
present evidence to the contrary in her reconsideration request.

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), at 9-18 (Aug. 5, 2015); 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.

Accordingly, we find that Complainant 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.
0120160577 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 time limits for
0520180248

3
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

August 3, 2018
Date