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

Equal Employment Opportunity Commission

Apr 26, 2019

0120180935 (E.E.O.C. Apr. 26, 2019)

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

Lionel A.,1
Complainant,

v.

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

Appeal No. 0120180935

Agency No. 4X-048-0031-17

DISMISSAL OF APPEAL

By Notice of Appeal postmarked December 29, 2017, Complainant filed an appeal with the Equal
Employment Opportunity Commission (EEOC or Commission) from the December 20, 2017
Agency decision concerning his EEO complaint of unlawful employment discrimination in
violation Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. §2000e et
seq., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. §
791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29
U.S.C. § 621 et seq.

At the time of events giving rise to this complaint, Complainant worked as a Customer Care Agent
– Tier 1 at the Customer Care Center in Los Angeles, California. On August 17, 2017,
Complainant filed a formal complaint alleging that the Agency subjected him to discrimination on
the bases of disability, age, and in reprisal for prior protected EEO activity when:

On May 8, 2017, he was denied reasonable accommodation when he received a letter from
the District Reasonable Accommodation Committee (DRAC) notifying him that there was
no work available within his restrictions.

In its December 20, 2017 final decision, the Agency found no discrimination and provided
Complainant with appeal rights to the Merit Systems Protection Board (MSPB) and not the EEOC.

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.
0120180935

2

A mixed case complaint is a complaint of employment discrimination filed with a federal agency,
related to or stemming from an action that can be appealed to the MSPB. 29 C.F.R.
§1614.302(a)(1). An aggrieved person may initially file a mixed case complaint with an agency
or may file a mixed case appeal directly with the MSPB, but not both. 29 C.F.R. §1614.302(b).
As a general matter, if Complainant is dissatisfied with the Agency's final decision on a mixed
case complaint, Complainant may appeal the matter to the MSPB (not EEOC) within 30 days of
receipt of the Agency's final decision. 29 C.F.R §1614.302(d)(l)(ii).

In the present matter, the Agency determined that Complainant's claim was a mixed case complaint
and issued a final decision finding no discrimination. The final decision gave Complainant mixed
case appeal rights and instructed him to file with the MSPB, not the EEOC. Complainant however,
filed his appeal from the Agency's final decision on a mixed case complaint with the EEOC, and
the appeal is DISMISSED.2

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
The Commission may, in its discretion, reconsider the decision in this case if the Complainant or
the Agency submits a written request containing arguments or evidence which tend to establish
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.
Requests to reconsider, with supporting statement or brief, must be filed with the Office of Federal
Operations (OFO) within thirty (30) calendar days of receipt of this decision. A party shall have
twenty (20) calendar days of receipt of another party’s timely request for reconsideration in
which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment
Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B
(Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission. Complainant’s request may be
submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131
M Street, NE, Washington, DC 20507. In the absence of a legible postmark, the request to
reconsider shall be deemed timely filed if it is received by mail within five days of the expiration
of the applicable filing period. See 29 C.F.R. § 1614.604.

2 We note that the Commission's regulations require that should the MSPB dismiss an appeal for
lack of jurisdiction, the Agency is required to recommence processing the matter as a non-mixed
case. 29 C.F.R. § 1614.302(c)(2)(ii).
0120180935

3
The agency’s request must be submitted in digital format via the EEOC’s Federal Sector EEO
Portal (FedSEP). See 29 C.F.R. § 1614.403(g). The request or opposition must also include proof
of service on the other party.
Failure to file within the time period will result in dismissal of your request for reconsideration as
untimely, unless extenuating circumstances prevented the timely filing of the request. Any
supporting documentation must be submitted with your request for reconsideration. The
Commission will consider requests for reconsideration filed after the deadline only in very limited
circumstances. See 29 C.F.R. § 1614.604(c).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610)
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. If you file a request to reconsider
and also file a civil action, filing a civil action will terminate the administrative processing of
your complaint.
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

April 26, 2019
Date