0520150315
10-01-2015
[Complainant], a/k/a Cory C.,1 [Complainant], a/k/a Cory C.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Northeast Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
[Complainant], a/k/a
Cory C.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Northeast Area),
Agency.
Request No. 0520150315
Appeal No. 0120133097
Agency No. 1B-102-0006-13
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in [Complainant] v. U.S. Postal Service, EEOC Appeal No. 0120133097 (February 20, 2015). 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).
During the period at issue, Complainant worked for the Agency as a Mail Handler in New York. Complainant filed a formal EEO complaint alleging that the Agency discriminated against his sex and age (over 40 years old) when, on September 6, 2012, his request to management to either be placed in a Residual Bid at the Morgan Processing and Distribution Center, or be allowed to keep the assignment he had been working for the past year, was denied.
Our prior appellate decision affirmed the Agency's final decision finding Complainant failed to prove his discrimination claims. The Commission noted that only one employee, Complainant's claimed comparative, submitted a preference sheet for placement, and as a result, that employee was placed into the position of her request. The Commission found that all other employees, including Complainant, who did not submit an assignment preference, was placed in slots at management discretion. The Commission concluded that Complainant "was provided an opportunity to make known his desire to remain at the Morgan facility, but failed to avail himself of the opportunity."
In his Request for Reconsideration, Complainant does not expressly dispute the analysis discussed in the prior decision. Complainant simply asserts that when residual bids were made available, he did not request selection for a particular assignment because he had been "already denied that bid." Complainant further asserted that any other assignment was too repetitious and violated his medical limitations, "so I did not submit the form."
We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, � VII.A. 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 done so here.
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. 0120133097 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 Complainants 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
October 1, 2015
__________________
Date
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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