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

Equal Employment Opportunity Commission

Sep 2, 2020

Appeal No. 2019001786 (E.E.O.C. Sep. 2, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Shalon C.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service, Agency. Request No. 2020001691 Appeal No. 2019001786 Hearing No. 440-2018-00189X Agency No. 4J-604-0013-17 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Shalon C. v. U.S. Postal Serv., EEOC Appeal No. 2019001786 (Oct. 30, 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 Level 6 Mail Processing Clerk at the Agency’s Post Office in Romeoville, Illinois, filed the underlying EEO complaint wherein she claimed that she was discriminated against on the bases of her race (African-American), color (black) and sex (female) when she was not selected for a position as a Supervisor, Customer Services. Following an investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). 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. 20200016912 The AJ issued a decision by summary judgment in favor of the Agency finding no discrimination. The AJ determined that the selecting official chose the selectee based on his years of retail and business mail entry experience and his superior interview. The AJ noted that Complainant did not have the same level of specialized experience in retail and business mail entry, scored poorly on one interview question, and was not as highly recommended by former supervisors. The AJ found that Complainant failed to establish a genuine issue of material fact to demonstrate that the selection was based on anything other than qualifications, the interview, and the reference check. As a result, the AJ found that Complainant was not subjected to discrimination. The Agency subsequently issued a final order wherein it fully implemented the AJ’s decision. On appeal, the Commission affirmed the Agency’s final order. Therein, we determined that Complainant failed to show that the Agency’s reasons for its selection decision 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. Complainant reiterates her contention that her experience was superior to that of the selectee, but she has not refuted the legitimate, nondiscriminatory reasons presented by the Agency for its selection decision. 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 bases of either her race, sex, or color with respect to the selection 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. 2019001786 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. 20200016913 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 September 2, 2020 Date