[Redacted], Merlin W., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Northeast Area), Agency.

Equal Employment Opportunity Commission

Nov 14, 2022

Appeal No. 2021000480 (E.E.O.C. Nov. 14, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Merlin W.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Northeast Area), Agency. Request No. 2022003288 Appeal No. 2021000480 Hearing No. 520-2016-00511X Agency No. 4B-140-0030-08R DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Merlin W. v. U.S. Postal Serv., EEOC Appeal No. 2021000480 (Apr. 26, 2022). 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 Q-01 City Carrier at the Agency’s Post Office in Hamburg, New York, filed an EEO complaint alleging that the Agency discriminated against him on the bases of sex (male), mental disability (mixed anxiety disorder and post-traumatic stress syndrome), physical disability (irritable bowel syndrome, weight problems, insomnia, abdominal pain, diarrhea, and irritation rectal fissure), age (51), and in reprisal for prior protected EEO activity 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. 2022003288 2 1. From January 29, 2008, and ongoing, the Agency failed to accommodate Complainant when it repeatedly did not relieve him of the obligation to undergo “ride-along” inspections; 2. From May 19 to May 21, 2008, the Agency did not allow Complainant to return to work; and 3. (a) Complainant was held to a different standard in office and street performance since approximately May 2007 and continuing, (b) The Agency shared comments about Complainant's accommodation with his co- workers, (c) The Agency gave Complainant a vehicle in need of repair as transportation to his Independent Medical Exam (IME) on August 20, 2008, (d) The Agency issued Complainant a 14-Day No-Time-Off Suspension for failure to properly perform his duties on November 25, 2008, (e) The Agency denied Complainant's request for return of his wing case in early December 2008, (f) The Agency denied Complainant's request for a vehicle repair on December 24, 2008, and (g) The Agency delayed responding to his request for a copy of his medical file and IME Report. Following an investigation, Complainant requested a hearing. After Complainant withdrew his hearing request, the Agency issued a final decision finding that Complainant was not subjected to discrimination or reprisal as alleged. In the appellate decision, the Commission affirmed the final decision. In his request for reconsideration, Complainant expresses his disagreement with the previous decision and reiterates 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. Complainant has not done so here. Complainant has not presented any persuasive evidence to support reconsideration of the Commission's decision. 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. 2021000480 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2022003288 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 November 14, 2022 Date