Samuel R.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

Equal Employment Opportunity Commission

Apr 4, 2019

2019000921 (E.E.O.C. Apr. 4, 2019)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Samuel R.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.

Request No. 2019000921

Appeal No. 0120182656

Agency No. 4K-23-0009-118

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120182656 (October 23, 2018).
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).

In his underlying complaint, Complainant alleged that the Agency subjected him to unlawful race,
sex, and reprisal discrimination when: (1) on or about December 3, 2017, management issued him
a letter of warning; (2) on December 22, 2017, management assigned him a heavier workload than
a female coworker; (3) on December 22, 2017 and January 3, 2018, management threated to
terminate him; (4) on an unspecified date prior to January 10, 2018, management failed to provide
him with proper training; (5) on January 10, 2018, management issued him a 10-day suspension;
and (6) on January 10, 2018, during a pre-disciplinary interview, management instructed him to
return his ID badge and informed him that he was terminated.

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.
2019000921

2
In its final decision, the Agency dismissed the complaint, pursuant to 29 C.F.R. §1614.107(a)(2),
for untimely EEO counselor contact. On appeal, the Commission affirmed the Agency’s dismissal,
finding that the most recent alleged discriminatory event occurred on January 10, 2018, however
Complainant did not initiate counselor contact until March 7, 2018, which is beyond the 45-day
time limit.

In his request for reconsideration, Complainant largely reiterates arguments made, and fully
considered, on appeal. Accordingly, 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.
0120182656 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. You must submit the requests for waiver of court costs or
appointment of an attorney directly to the court, not the Commission.

2019000921

3
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

April 4, 2019
Date