Wanita Z.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency.Download PDFEqual Employment Opportunity CommissionFeb 14, 20180520170595 (E.E.O.C. Feb. 14, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Wanita Z.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency. Request No. 0520170595 Appeal No. 0120160626 Agency No. 4F-945-0015-12 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120160626 (August 23, 2017). 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 her underlying complaint, Complainant alleged that she was subjected to unlawful discrimination on the bases of race (Caucasian), sex (female), and in reprisal for prior protected EEO activity when: 1. on October 19, 2011, she was issued a 7-day suspension; 2. on November 1, 2011, she was issued a 14-day suspension; 3. on September 21, and October 3, 2011, the Agency denied her requests for a schedule change; 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. 0520170595 2 4. on September 26 and October 18, 2011, her time card was not on the rack; 5. on October 6 and 20, 2011, she was subjected to an investigative interview; 6. on November 11, 2011, she was denied holiday work; 7. on November 12, 2011, she was not offered overtime; 8. on February 29, March 3, 4 and 9, and 17, 2012, the Agency denied her work hours and overtime; 9. on March 7, 2012, she was the subject of an investigative interview; 10. from March 13-16 and on March 28, 2012, her supervisor micromanaged her; 11. on March 17, 2012, she was followed to the clock and observed clocking out; 12. on November 25, 2011, the Agency denied Complainant’s requests for schedule changes; 13. on unspecified dates, she was denied out of schedule pay; 14. on unspecified dates, she was denied work hours; and 15. on unspecified dates, she was denied union time. Following an investigation, the matter was assigned to an EEOC Administrative Judge (AJ) for a hearing. The AJ granted the Agency’s Motion for Summary Judgment. In its final order, the Agency fully implemented the AJ’s decision. On appeal, the Commission affirmed the Agency’s final order, finding that Complainant failed to identify a genuine issue of material fact requiring a hearing. In support of her request for reconsideration, Complainant has not submitted any documentation or arguments calling into question the appellate decision’s conclusion that she failed to raise a genuine issue of material fact. Our review of the record does not indicate 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. Accordingly, we find that Complainant has failed to demonstrate that the Commission should reconsider its appellate decision. 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. 0120160626 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. 0520170595 3 “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 February 14, 2018 Date Copy with citationCopy as parenthetical citation