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

Equal Employment Opportunity Commission

Sep 13, 2019

2019003613 (E.E.O.C. Sep. 13, 2019)

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

Ayana C.,1
Complainant,

v.

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

Request No. 2019003613

Appeal No. 0120181181

Hearing No. 480-2014-00715X

Agency No. 4F926013213

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120181181 (April 26, 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 worked as a Window Clerk at the Agency’s Bristol Station in Santa Ana,
California. Complainant filed an EEO complaint alleging that she was discriminated against on
the basis of sex (female) when: (1) on March 3, 2013, and other dates, Complainant was denied
overtime when management permitted a male employee to change his scheduled day off
(Saturday) and permitted him to work overtime on the rescheduled day(s) off; and (2) the

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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Agency improperly refused to repost a bid for a duty assignment held by a coworker which
effectively denied Complainant the opportunity to bid for that assignment.

Our prior appellate decision affirmed the EEOC Administrative Judge’s (AJ) decision by
summary judgment which found in favor of the Agency, concluding Complainant failed to prove
her discrimination claims with respect to claim 1. In his decision, the AJ found that Complainant
failed to produce evidence that the Agency’s reasons for its actions were a pretext for
discrimination. The AJ dismissed claim 2 on the grounds it was untimely raised with an EEO
counselor. Our prior decision also affirmed the dismissal.

In her request for reconsideration, Complainant expresses her disagreement with the previous
decision and argues that the Agency violated the collective bargaining agreement. We note that
the AJ also dismissed claim 2 as being a collateral attack on another proceeding, stating that
Complainant had appealed the matter with the National Labor Relations Board. We agree that it
is a collateral attack.

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. 0120181181 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.
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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 13, 2019
Date