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

Equal Employment Opportunity Commission

Jul 17, 2015

05-2015-0229-0500 (E.E.O.C. Jul. 17, 2015)

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

,
Complainant,

v.

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

Request No. 0520150229

Appeal No. 0120142700

Agency No. 4C-190-0058-11

DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in Complainant v. U.S. Postal
Service, EEOC Appeal No. 0120142700 (January 16, 2015). 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).
In his underlying complaint, Complainant alleged that the Agency subjected him to unlawful
discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended,
42 U.S.C. § 2000e et seq., on the basis of his race (Caucasian) when in October 2010,
management did not afford him the opportunity to bid for a position at the Elkins Park Post
Office. At the conclusion of the investigation, the Agency provided Complainant with a copy
of the report of investigation and notice of his right to request a hearing before an Equal
Employment Opportunity Commission Administrative Judge (AJ). Finding that Complainant
failed to timely respond, the Agency subsequently issued its final decision finding no
discrimination. On appeal, the Commission found that Complainant presented evidence
showing that he had submitted a timely hearing request. The Commission, therefore, vacated
the Agency’s final decision and remanded the matter for a hearing before an AJ. The
Commission also determined that although Complainant alleged the bases of sex and disability
in his formal complaint, he later rescinded these bases. As such, the Commission remanded the
matter for a hearing on the sole basis of race discrimination.
0520150229

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In his request for reconsideration, Complainant does not provide any evidence or arguments to
show that the Commission erred in excluding disability and sex as bases of discrimination in
the instant complaint. The Commission’s decision to exclude these bases is buttressed by
Complainant’s affidavit in the report of investigation where Complainant made clear that race
was the only alleged basis of discrimination.1 We remind Complainant 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) (rev. Nov. 9, 1999), at 9-17;
see, e.g., Lopez v. Dep't of Agriculture

, EEOC Request No. 0520070736 (Aug. 20, 2007).
Rather, a reconsideration request is an opportunity to demonstrate that the previous 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. 0120142700 remains the
Commission's decision. There is no further right of administrative appeal on the decision of
the Commission on this request.

The Agency is directed to submit a copy of this decision and the complaint file to the Hearings
Unit of the EEOC's Philadelphia District Office within fifteen (15) calendar days of the date
this decision becomes final. The Agency shall provide written notification to the Compliance
Officer at the address set forth below that the complaint file has been transmitted to the
Hearings Unit. Thereafter, the Administrative Judge shall issue a decision on the complaint in
accordance with 29 C.F.R. § 1614.109 and the Agency shall issue a final action in accordance
with 29 C.F.R. §1614.110.
ORDER

IMPLEMENTATION OF THE COMMISSION'S DECISION
Compliance with the Commission's corrective action is mandatory. The Agency shall submit
its compliance report within thirty (30) calendar days of the completion of all ordered
corrective action. The report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 77960, Washington, DC
20013. The Agency's report must contain supporting documentation, and the Agency must
send a copy of all submissions to the Complainant. If the Agency does not comply with the
Commission's order, the Complainant may petition the Commission for enforcement of the
(K0610)

1 In his Formal Complaint, Complainant identified sex and disability as bases as well as race.
However, during the investigation, Complainant stated, in regards to his claim that he was
denied the opportunity to bid for a position at the Elkin Park Post Office, “Sex was not a
factor,” and “[Complainant’s] Medical [condition] was not a factor.”
0520150229

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order. 29 C.F.R. § 1614.503(a). The Complainant also has the right to file a civil action to
enforce compliance with the Commission's order prior to or following an administrative
petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. 5
1614.503(g). Alternatively, the Complainant has the right to file a civil action on the
underlying complaint in accordance with the paragraph below entitled “Right to File a Civil
Action.”, 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil
action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing
of the complaint, including any petition for enforcement, will be terminated. See

29 C.F.R. §
1614.409.

COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION

(R0610)
This is a decision requiring the Agency to continue its administrative processing of your
complaint. However, if you wish to file a civil action, you have the right to file such action in
an appropriate United States District Court within ninety (90) calendar days from the date that
you receive this decision. In the alternative, you may file a civil action after one hundred and
eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your
appeal with the Commission. 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. Filing a civil action will terminate the
administrative processing of your complaint.

RIGHT TO REQUEST COUNSEL

(Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an
attorney, you may request from the Court that the Court appoint an attorney to represent you
and that the Court also permit you to file the action without payment of fees, costs, or other
security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et
seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 791, 794(c). The grant or
denial of the request is within the sole discretion of the Court. Filing a request for an attorney
with the Court does not extend your time in which to file a civil action. Both the request and
0520150229

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the civil action must be filed within the time limits as stated in the paragraph above (“Right to
File a Civil Action”).

FOR THE COMMISSION:

______________________________
Carlton M. Hadden, Director
Office of Federal Operations

Date
July 17, 2015