Jaleesa P.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity Commission

Aug 16, 2016

0520160373 (E.E.O.C. Aug. 16, 2016)

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

Jaleesa P.,1
Complainant,

v.

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

Request No. 0520160373

Appeal No. 0120160729

Agency No. 4K-280-0110-15

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120160729 (March 9, 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).

In her underlying complaint, Complainant claimed that she was subjected to unlawful
discrimination on the bases of her age (50), disability (back, left foot), and in reprisal for her
prior EEO activity under Section 501 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. § 791 et seq., and the Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. § 621 et seq. when on July 17, 2015, she was spoken to in a loud and demeaning
manner by a management official during an employee meeting. Complainant claimed that the
incident constituted harassment.

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.
0520160373

2

In its final decision, the Agency dismissed the complaint on the grounds of failure to state a
claim reasoning that the record did not show that Complainant was subjected to any adverse
action or that she was denied any entitlement in relation to a term, condition, or privilege of
employment as a result of the alleged incident. On appeal, the Commission found that the
Agency properly dismissed the complaint. The Commission stated that the event at issue did
not indicate that Complainant had been subjected to harassment that was sufficiently severe or
pervasive to alter the conditions of her employment. The Commission further stated that
Complainant did not claim a personal loss or harm regarding a term, condition, or privilege of
her employment.

In her request to reconsider, Complainant contends that she was spoken to in a loud manner in
front of customers and coworkers by the management official. Complainant states that she was
traumatized from the embarrassment and needed to seek counseling to deal with the incident.
The Commission emphasizes that a request for reconsideration 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. 0120160729 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
0520160373

3
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

August 16, 2016
Date