[Redacted], Foster G., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Pacific Area), Agency.

Equal Employment Opportunity Commission

Sep 29, 2020

Appeal No. 2019005509 (E.E.O.C. Sep. 29, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Foster G.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Pacific Area), Agency. Request No. 2020003145 Appeal No. 2019005509 Hearing No. 480-2019-00009X Agency No. 4F-926-0066-18 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019005509 (March 13, 2020). 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). Previously, Complainant filed an EEO Complaint. An EEOC Administrative Judge (AJ) summarized Complainant’s claims as follows: 1. Whether Complainant was denied a reasonable accommodation for his disability beginning March 1, 2018; 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. 2020003145 2 2. Whether Complainant was discriminated against based on his age, disability, and in reprisal for his prior protected EEO activity when: a. Complainant was put on emergency placement on March 8, 2018; b. Complainant was given an investigative interview on March 13, 2018, and a letter of reprimand on March 16, 2018; c. Complainant’s requests for leave were denied on March 8 and 20, 2018; d. Complainant was not paid for time on May 22, 2018, when he reported to work to review a limited duty offer; e. A manager followed Complainant into the restroom and watched him urinate on May 22, 2018; and f. Complainant’s requests for travel pay, covering May 22, 2018, to June 22, 2018, were denied. After an investigation of the formal complaint,2 Complainant requested a hearing before an EEOC AJ. The AJ issued summary judgment in favor of the Agency. Our previous decision affirmed the AJ’s conclusions that the Agency did not discriminate against Complainant as alleged. 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. 2019005509 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. 2 The record indicates that the formal complaint included one additional claim which the Agency dismissed on procedural grounds. Complainant did not dispute the Agency’s dismissal of this claim. Therefore, our prior decision did not discuss that claim further. 2020003145 3 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 September 29, 2020 Date