0520140457
09-25-2015
Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Southeast Area), Agency.
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
(Southeast Area),
Agency.
Request No. 0520140457
Appeal No. 0120121891
Hearing No. 410201100042X
Agency No. 1H304001410
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in Complainant v. U.S. Postal Service, EEOC Appeal No. 0120121891 (June 18, 2014). 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 the appellate decision, the Commission affirmed an Equal Employment Opportunity Commission's Administrative Judge's decision finding that the Agency did not discriminate against Complainant by requesting updated medical documentation to substantiate her prolonged absence from work. The Commission found Complainant failed to show that the Agency's requests for updated documentation concerning her medical restrictions were unlawful. Complainant filed a request for reconsideration.
In her request for reconsideration, Complainant largely reiterates her arguments presented on appeal. Primarily, Complainant argues that the appellate decision failed to properly determine how many times the Agency requested updated information and that the Agency failed to provide guidance regarding what type of documentation or information would satisfy its request for "acceptable" documentation. Further, Complainant argues that the appellate decision would impact Agency policy or practices because Complainant's first line supervisors made determinations as to what documentation was required.
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. A reconsideration request is not a second appeal. Here, we find that Complainant failed 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. With regard to Complainant's contentions that the Agency's first line supervisors erroneously made determination regarding Complainant's medical documentation, we note that the record reveals that Complainant had the opportunity to present her medical documentation to the Atlanta District Reasonable Accommodation coordinator but failed to do so.
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. 0120121891 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 Complainants Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Ca
Carlton M. Hadden,
Director
Office of Federal Operations
_9/25/15_________________
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