0520110381
06-06-2011
William C. Hogan, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (Southeast Area), Agency.
William C. Hogan,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service,
(Southeast Area),
Agency.
Request No. 0520110381
Appeal No. 0120090535
Hearing No. 410-2008-000159X-RPD
Agency No. 4H-300-0124-07
DENIAL
Complainant timely requested reconsideration of the decision in William
C. Hogan v. U.S. Postal Serv., EEOC Appeal No. 0120090535 (February
25, 2011). 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).
The previous decision affirmed the Agency’s final decision, implementing
an EEOC Administrative Judge’s (AJ) summary judgment decision.
The previous decision found that the Agency did not deny Complainant a
reasonable accommodation for his obsessive compulsive disorder when,
on his day off, his acting supervisor could not immediately answer
his leave question, and threatened to call the police when Complainant
would not leave the premises while having a panic attack. The previous
decision also found that Complainant did not show that he was subjected
to disparate treatment on the basis of his disability.
In his request to reconsider, Complainant argues that the acting
supervisor did not adhere to the terms of previous settlement agreements
by threatening to call the police. According to Complainant, the
settlement agreements required management officials to become more
knowledgeable about obsessive compulsive disorder, be able to communicate
more effectively, and be able to recognize his need for sick time due
to obsessive compulsive disorder.
After reconsidering 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 previous decision addressed Complainant’s argument
that the Agency violated prior settlement agreements and failed to
reasonably accommodate the off-duty Complainant when a supervisor directed
him to leave the premises. It found that the allegation was improperly
raised before the EEOC AJ, and Complainant should have contacted the EEO
Director in writing to pursue a claim of breach of a settlement agreement.
We find that the previous decision did not clearly err with respect to
this issue. Therefore, the decision in EEOC Appeal No. 0120090535 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
____6/6/11______________
Date
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0520110381
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0520110381