Zola R,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Headquarters), Agency.

Equal Employment Opportunity Commission

Jul 25, 2018

0520180328 (E.E.O.C. Jul. 25, 2018)

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

Zola R,1
Complainant,

v.

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

Request No. 0520180328

Appeal No. 0120162743

Hearing Nos. 550-2012-00145X; 550-2012-00146X; 550-2012-00147X;
550-2012-00148X

Agency Nos. 6X-000-0047-10; 6X-000-0005-10; 6X-000-0004-11; 6X-000-0041-11

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120162743 (March 13, 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 her underling complaints, Complainant alleged that the Agency subjected her to unlawful
race, national origin, sex, and reprisal discrimination when: (1) on October 13, 2009, the Agency
issued her a notice of involuntary reassignment to Windsor, Connecticut; (2) on February 9,
2010, the Agency sent Complainant home without written order, pay, or benefits; (3) on March
29, 2010, the Agency directed her to go home, where she remained in absent without leave/leave

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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without pay status until April 23, 2010; (4) on October 1, 2010, a functional associate area
medical director (AAMD) review survey was sent to the manager of human resources
specifically referencing Complainant, asking “what do you think of [Complainant]”; (5) from
October 6 through November 2, 2010, the Agency harassed her regarding an evaluation form
used for contractor employees; (6) on November 18, 2010, management issued her a letter of
instruction advising her how to improve her professionalism in the future; and (7) on September
9, 2011, the Agency terminated her employment pursuant to a reduction in force.

Following an investigation, Complainant requested a hearing before an Equal Employment
Opportunity Commission Administrative Judge (AJ). The AJ assigned to the case consolidated
Complainant’s complaints, and issued a decision without a hearing, finding no discrimination.
The Agency’s final order adopted the AJ’s decision. On appeal, the Commission affirmed the
Agency’s final order. Specifically, we concurred with the AJ’s finding that Complainant failed to
show that the Agency’s articulated reasons for its actions were a pretext for unlawful
discrimination or retaliation. We further concurred with the AJ’s determination that Complainant
failed to show that she was subjected to unlawful harassment.

In her request for reconsideration, Complainant largely reiterates arguments made, and fully
considered on appeal. Accordingly, 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.
0120162743 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
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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

July 25, 2018
Date