Nakesha D.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency.

Equal Employment Opportunity Commission

Feb 27, 2019

2019000815 (E.E.O.C. Feb. 27, 2019)

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

Nakesha D.,1
Complainant,

v.

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

Request No. 2019000815

Appeal No. 0120171159

Hearing No. 480-2016-00713X

Agency No. 4F913004313

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120171159 (August 10, 2018).
EEOC regulations provide that the Commission may, in its discretion, grant a request to
reconsider any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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 worked as a Part Time Flexible City Letter Carrier at the Agency’s Sherman Oaks
Post Office in Sherman Oaks, California. Complainant filed an EEO complaint alleging she was
discriminated against on the bases of disability and reprisal when: (1) beginning on February 10,
2013, she was assigned a less desirable shift; (2) on October 3, 2013, she as subjected to an
investigative interview; and (3) on October 20, 2013, she was issued a 14-day suspension.
Complainant also alleged she was subjected to ongoing harassment based on her disability and

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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reprisal when: (4) on April 26, 2013, she was issued a 7-day suspension; (5) on May 23, 2013,
she was forced to leave the work area, after being scheduled to work; (6) on May 24, 2013, she
was placed on restricted sick leave; (7) on July 3, 2013, she was yelled at, and intimidated, by
management; and (8) on July 22, 2013, she was issued a 14-day suspension.

Our prior appellate decision affirmed the Equal Employment Opportunity Commission
Administrative Judge’s (AJ) decision by summary judgment which found in favor of the Agency,
concluding Complainant failed to prove her discrimination or retaliation claims. The AJ noted
that Complainant did not provide any comparators who were treated more favorably with regard
to any of her claims, produce other evidence of disability discrimination, or demonstrate a link
between her EEO activity and the alleged discriminatory events.

In her request for reconsideration, Complainant expresses her disagreement with the prior
decision, and argues that the Agency did not comply with workers’ compensation regulations or
the Agency’s Labor Manual. 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. 0120171159 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
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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

February 27, 2019
Date