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

Equal Employment Opportunity Commission

Dec 15, 2020

Appeal No. 2019002940 (E.E.O.C. Dec. 15, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Milton D.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Northeast Area), Agency. Request No. 20210002842 Appeal No. 2019002940 Hearing No. 520-2017-00404X Agency No. 1B031000617 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019002940 (August 11, 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). 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. 2 This consolidated appeal is now the subject of the instant request for reconsideration, as well as similar requests from the other five complainants. These other requests have been docketed as: EEOC Request Nos. 2020005294, 2020005423, 2020005424, 2021000281 & 2021000008. 2021000284 2 Complainant was employed at a Career Mail Handler at the Processing and Distribution Center in Nashua, New Hampshire. Complainant, and five others, filed EEO complaints alleging that they were discriminated against based on age when, on September 3, 2016, their bid assignments in the shape sort area were abolished. The Agency investigated all six complaints, and the complainants requested hearings. Complainants agreed to the consolidation of their complaints by the EEOC Administrative Judge (AJ). Our prior appellate decision, which also consolidated the claims of all six complainants, affirmed the AJ’s decision by summary judgment which found in favor of the Agency, concluding that the complainants failed to prove the Agency’s actions were motivated by discriminatory animus. In his request for reconsideration, Complainant expresses his disagreement with the previous appellate decision and essentially makes the same arguments that have already been considered during the original appeal in reaching the decision to affirm the AJ’s summary judgment in favor of the Agency. 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. 2019002940 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. 2021000284 3 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 December 15, 2020 Date