[Redacted], Cecille W.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity Commission

Mar 13, 2020

Appeal No. 0120181012 (E.E.O.C. Mar. 13, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Cecille W.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service, Agency. Request No. 2020000729 Appeal No. 0120181012 Agency No. 1J-603-0032-17 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Cecille W. v. U.S. Postal Serv., EEOC Appeal No. 0120181012 (Aug. 23, 2019). 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, a Mail Processing Clerk at the Agency’s South Suburban Illinois Processing and Distribution Center in Bedford Park, Illinois, filed the underlying complaint wherein she claimed that she was discriminated against on the basis of her disability (shoulder, chronic obstructive pulmonary disease, sarcoidosis) when: 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. 2020000729 2 1. On March 8 and 9, 2017, her medical restrictions were not accommodated as she was made to work in an enclosed space with a very low chair; and 2. On March 10, 15 and 16, 2017, Complainant’s medical restrictions were not accommodated when she was sent home. Following an investigation, Complainant requested a final agency decision. The Agency issued a final decision finding that no discrimination occurred. On appeal, the Commission affirmed the Agency’s final decision. Therein, we determined, as to the alleged denial of reasonable accommodation, that Complainant did not show that the Agency official was aware that her assignment violated her medical restrictions. We noted that the record reflected that in June 2017, months after the alleged incidents, Complainant requested a reasonable accommodation. Further, Complainant was sent home on the days in question because all those with bid positions were at work and consequently there were no seats or cases available for Complainant. As a result, the Commission found that Complainant was not denied reasonable accommodation. Additionally, the Commission found that Complainant failed to show that the Agency’s reasons for its actions were pretextual. Accordingly, the Commission found that Complainant was not subjected to discrimination as alleged. In her request for reconsideration, Complainant expresses her disagreement with the appellate decision and reiterates many arguments previously made on appeal. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 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. Upon review of Complainant’s request to reconsider, we observe that Complainant has mainly repeated the arguments she presented on appeal. We find that Complainant has not presented any persuasive evidence to support reconsideration of the Commission’s decision. Complainant has failed to establish that she was discriminated against on the basis of her disability with respect to the claims at issue. 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. 0120181012 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2020000729 3 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 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 March 13, 2020 Date