Zachery V.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.Download PDFEqual Employment Opportunity CommissionFeb 2, 20180520170610 (E.E.O.C. Feb. 2, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Zachery V.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency. Request No. 0520170610 Appeal No. 0120172045 Agency No. 1K-271-0002-16 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120172045 (August 10, 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). On March 7, 2017, Complainant completed an Information for Pre-Complaint Counseling form wherein he claimed that he had not withdrawn a complaint he previously filed. Complainant maintained that the EEO Specialist forged his signature on the withdrawal. The Agency issued a determination wherein it found that Complainant was attempting to express dissatisfaction with the processing of a previously filed EEO complaint, Agency No. 1K-271- 0002-16. It stated that the EEO Specialist discussed with Complainant what he wanted to do and that Complainant verbally agreed to withdraw his complaint. According to the Agency, the 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. 0520170610 2 Administrative Secretary confirmed that Complainant signed, dated, and handed the withdrawal form to her to forward to the EEO Specialist. On appeal, the Commission dismissed Complainant’s appeal. We found there was no evidence to support Complainant’s contention that his signature was falsified. We noted that the record contained the withdrawal notice and an affidavit from the Administrative Secretary that declared she personally witnessed Complainant sign the withdrawal form. We further stated that there was no evidence that the Agency misled Complainant into withdrawing his complaint. In his request for reconsideration, Complainant contends that a mediation was conducted without his consent and he was not informed about the option of being represented at the meeting. Complainant denies that he verbally agreed to withdraw his complaint and states he should have been informed of his right to file a formal complaint. In response, the Agency asserts that it has provided strong evidence that Complainant’s name was not forged on the withdrawal form. The Agency points to the signed withdrawal form and the affidavit from an employee who personally witnessed Complainant sign the withdrawal form. 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), Chap. 9 § VI.A (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 presented any persuasive evidence to support reconsideration of the Commission’s decision. Complainant has failed to establish that the signature on his complaint withdrawal form was forged or that he was in any way misled or coerced into signing the withdrawal. 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. 0120172045 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. 0520170610 3 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 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 2, 2018 Date Copy with citationCopy as parenthetical citation