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

Equal Employment Opportunity Commission

Apr 11, 2019

2019001180 (E.E.O.C. Apr. 11, 2019)

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

Yessenia H.,1
Complainant,

v.

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

Request No. 2019001180

Appeal No. 0120182388

Hearing No. 430-2017-00013X

Agency No. 4K-280-0108-15

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120182388 (September 25, 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).

Complainant was employed as a Supervisor of Customer Service at the Agency’s Independence
Station in Charlotte, North Carolina. Complainant filed an EEO complaint alleging that the
Agency discriminated against her and subjected her to harassment on the basis of race (African
American) and in retaliation for prior EEO activity. Complainant raised 11 claims involving, but
not limited to, being required to work overtime, an emergency placement in an off-duty with pay
status, being issued a letter of demand, being issued a proposed letter of warning, having her

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.
2019001180

2
work schedule changed, being subjected to pre-disciplinary interviews, and not receiving a
monetary bonus.

Complainant requested a hearing before an EEOC Administrative Judge (AJ), The AJ issued a
decision by summary judgement, finding in favor of the Agency. In his lengthy decision, the AJ
addressed each of Complainant’s claims. The AJ found that none of Complainant’s claims,
individually or collectively, constituted discriminatory harassment, and that Complainant failed
to establish that management issued her discipline because of her race. The AJ further found that
Complainant did not support her claim of reprisal. Finally, the AJ found that Complainant failed
to show that the Agency’s reasons for its actions were a pretext for discrimination or unlawful
retaliation. Our prior appellate decision affirmed the AJ.

In her request for reconsideration, Complainant expresses her general disagreement with the
prior decision as well as with the actions of the AJ and the Agency in processing her complaint.
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. 0120182388 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.
2019001180

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 11, 2019
Date