Chantelle M.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity Commission

Jul 13, 2016

0520160336 (E.E.O.C. Jul. 13, 2016)

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

Chantelle M.,1
Complainant,

v.

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

Request No. 0520160336

Appeal No. 0120151382

Hearing No. 440-2015-00004X

Agency No. 4J-606-0164-13

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120151348 (April 19, 2016). 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(c).

Complainant filed a complaint alleging that the Agency discriminated against her on the bases
of her age and in reprisal for her prior EEO activity under the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq. when on September 22, 2013,
she received a Letter of Demand regarding indebtedness to the Agency as a result of a June 22,
2013 audit. An EEOC Administrative Judge dismissed the complaint pursuant to EEOC
Regulation 29 C.F.R. § 1614.107(a)(5) on the grounds of mootness. In its final action, the
Agency implemented the AJ’s dismissal of the instant complaint. On appeal, the Commission
dismissed the complaint pursuant to 29 C.F.R. § 1614.109 due to Complainant’s filing of a

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.
0520160336

2
civil action. The Commission noted that Complainant filed a civil action on January 14, 2016,
against the Agency concerning the Letter of Demand at issue in the instant complaint.

In her request to reconsider, Complainant offers no persuasive argument or evidence that our
prior decision should be reversed.

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. 0120151382 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 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 13, 2016
Date