Simonne J., Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Great Lakes Area), Agency.

Equal Employment Opportunity Commission

Sep 15, 2017

0520170388 (E.E.O.C. Sep. 15, 2017)

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

Simonne J.,
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.

Request Nos. 0520170388 & 0520170405

Appeal Nos. 0120152051 & 0120152933

Hearing Nos. 470-2012-00183X & 471-2015-00064X

Agency Nos. 4J-460-0140-10 & 4J-460-0049-14

CONSOLIDATED DECISION ON REQUESTS FOR RECONSIDERATION

Pursuant to EEOC Regulation 29 C.F.R. § 1614.606, the Commission exercises its discretion and
consolidates the above-referenced reconsideration requests for decision. Complainant timely
requested reconsideration of the decisions in EEOC Appeal No. 0120152933 (May 2, 2017) and
EEOC Appeal No. 0120152051 (May 9, 2017). EEOC Regulations provide that the Commission
may, in its discretion, grant a request to reconsider any previous Commission decision 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).

On October 22, 2011, Complainant filed Complaint No. 4J-460-0140-10 in which she alleged
that the Agency discriminated against her on the bases of race (African-American), sex (female),
age (51), and in reprisal for prior protected EEO activity by subjecting her to 14 incidents of
ongoing harassment that had occurred between August 2010 and September 2011. The Agency
conducted an investigation and thereafter referred the matter for a hearing. When Complainant

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.
0520170388 & 0520170405

2
withdrew her hearing request, the Agency issued a final decision finding that Complainant had
not shown that she was discriminated against. In our previous decision on this matter, EEOC
Appeal No. 0120152051, we affirmed. We concluded that although Complainant had cited
numerous incidents that she found to be adverse or disruptive to her, she had not produced
evidence sufficient to establish that her race, color, sex, age, or previous EEO activity factored
into any of those actions.

On March 27, 2014, Complainant filed EEO Complaint No. 4J-460-0049-14, in which she
alleged that the Agency discriminated against her on the bases of race, sex, color, age (53), and
reprisal in connection with an additional five incidents that had occurred between January and
May 2014. The Agency dismissed two of those incidents for failure to state a claim and
investigated the remaining incidents. Complainant requested a hearing, but the AJ issued an
order dismissing the complaint after finding that Complainant’s contact with an EEO counselor
on all of the incidents investigated was untimely. In our previous decision, EEOC Appeal No.
0120152933, we affirmed the dismissal.

The Commission emphasizes that a request for reconsideration is not a second appeal to the
Commission. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(EEO MD-110), at 9-18 (Aug. 5, 2015); see, e.g., Lopez v. Department of Agriculture, 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 in either of her requests. Complainant has not presented
any arguments or evidence tending to show that her requests meet the criteria for reconsideration
set forth in our regulations. Instead, she merely attempts to reargue her appeals on the merits.

After reviewing the previous decisions and the entire record, the Commission finds that both of
Complainant’s requests fail to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision
of the Commission to deny those requests. The decisions in EEOC Appeal No. 0120152051 and
EEOC Appeal No. 0120152933 remain the Commission’s decisions. There is no further right of
administrative appeal on the decision of the Commission on these requests.

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.

0520170388 & 0520170405

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 15, 2017
Date