Wilbert W.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency.

Equal Employment Opportunity Commission

Mar 29, 2019

2019000760 (E.E.O.C. Mar. 29, 2019)

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

Wilbert W.,1
Complainant,

v.

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

Request No. 2019000760

Appeal No. 0120162620

Agency No. 4E-980-0062-14, 4E-980-0026-15

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120162620 (September 6, 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).

The record reflects the following chronology of events. Complainant worked as an Automotive
Technician, Level-P-08, at the Agency’s Vehicle Maintenance Facility (VMF) in Tacoma,
Washington. On October 1, 2014, Complainant filed Complaint No. 4E-980-0062-14, in which
he alleged that the VMF Manager subjected to a hostile work environment based on disability
(high blood pressure) when:

1. On or about November 8, 2013, Complainant became aware that he would not be
promoted to a level 9 position.

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.
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2. On November 8, 2013, Complainant was put “off the clock” for a medical condition
and not provided light duty.

3. On an unspecified date in November 2013, Complainant was not afforded a 204B
training detail.

This formal complaint included other incidents as well. The Agency dismissed the entire complaint
on various procedural dismissal grounds and Complainant appealed. On March 6, 2015,
Complainant filed Complaint No. 4E-980-0026-15, which he alleged that he was subjected to a
hostile work environment because of his disability (high blood pressure) and in reprisal for having
filed Complaint No. 4E-980-0062-14 when:

4. On or about November 19, 2014, the VMF Manager advised him to request an
accommodation from the District Reasonable Accommodation Committee (DRAC) to
extend the period to treat his high blood pressure in order to qualify for a Commercial
Driver’s License (CDL).

As with the earlier formal complaint, the Agency dismissed Complaint No. 4E-980-0026-15 in its
entirety, and Complainant appealed. In Complainant v. U.S. Postal Serv., EEOC 0120150842,
0120151811 (Dec. 13, 2015), the Commission consolidated the two complaints, remanded
incidents (1) through (4) for processing and affirmed the Agency’s dismissal of the remaining
incidents set forth in both complaints.

At the conclusion of the remanded investigation, the Agency provided Complainant with a copy
of the investigative report and notice of his right to request a hearing before an EEOC
Administrative Judge (AJ). When Complainant did not request a hearing within the time frame
provided in 29 C.F.R. § 1614.108(f), the Agency issued a final decision pursuant to 29 C.F.R. §
1614.110(b). The decision concluded that Complainant failed to prove that the Agency subjected
him to discrimination as alleged. Complainant appealed.

On appeal, Commission affirmed the Agency’s final decision finding no discrimination.
Specifically, the Commission reasoned that the incidents at issue did not rise to the level of
harassment and the alleged actions were not based on Complainant’s protected classes.
Complainant v. U.S. Postal Serv., EEOC Appeal No. 0120162620 (September 6, 2018).

Complainant filed the instant request for reconsideration. Complainant raises the same arguments
raised below. We remind complainant that a "request for reconsideration is not a second appeal
to the Commission." Equal Employment Opportunity Management Directive 110 for 29 C.F.R.
Part 1614 (Aug. 5, 2015), Chapter 9.

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.
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The decision in EEOC Appeal No. 0120162620 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. 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

March 29, 2019
Date