Lelah T.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency.

Equal Employment Opportunity Commission

May 25, 2017

0520170239 (E.E.O.C. May. 25, 2017)

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

Lelah T.,1
Complainant,

v.

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

Request No. 0520170239

Appeal No. 0120150363

Agency No. 4G390005812

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120150363
(February 8, 2017). 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 the underlying complaint, Complainant claimed that the Agency discriminated against her on
the basis of sex (female) when:

1. beginning in March 2012 and continuing through May 2012, the Manager of Customer
Service, repeatedly called her "[the Supervisor of Customer Service's] lover; and
2. on May 24 and June 9, 2012, another Rural Carrier (male) (hereinafter referred to as
"RCI") harassed her, including asking her, "who are you sleeping with so you didn't have
to do any work?" and Agency management failed to handle the situation appropriately.

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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The Complainant also claimed that the Agency retaliated against her for complaining about
sexual harassment when:

3. on May 25, 2012, the Manager of Customer Service indicated that Complainant would
not receive all of the mileage for the previous day.

On May 15, 2013, the Agency submitted a motion for a decision without a hearing. The AJ
issued a summary judgment decision concluding that the Agency was not liable for sex
discrimination or reprisal. With respect to Claim 1, the AJ found that Complainant’s assertion
that the Customer Service Manager repeatedly called Complainant her supervisor’s lover was
unsubstantiated by any witness statements and the Manager denied making such statements.
Additionally, the AJ found that the Agency took corrective action to address the Manager’s
harassing comments identified in Claim 2. Lastly, concerning Claim 3, the AJ found that even
though Complainant was told she would not receive full payment for her mileage, she was in fact
paid the full amount and thus suffered no adverse or retaliatory action. The Agency issued a
final order adopting the AJ’s decision. On appeal, the Commission affirmed the Agency’s order.
Complainant now seeks reconsideration.

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. On reconsideration, Complainant largely reiterates arguments
about her sexual harassment and reprisal claims that were pressed and addressed previously.
Further, Complainant’s argument that the “threat” of not receiving full pay is an adverse act is
unavailing since she did receive full pay and no other action was taken against her as a result of
her sexual harassment complaint. Accordingly, the decision in EEOC Appeal No. 0120150363
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.

0520170239

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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

May 25, 2017
Date