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

Equal Employment Opportunity Commission

Sep 25, 2015

05-2015-0382-0500 (E.E.O.C. Sep. 25, 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
(Western Area),
Agency.

Request No. 0520150382

Appeal No. 0120150173

Agency No. 4E-970-0017-13

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in Complainant v. U.S. Postal
Service, EEOC Appeal No. 0120150173 (April 10, 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).

The record indicates that the parties entered into a settlement agreement resolving
Complainant’s complaint. Thereafter, Complainant alleged that the Agency failed to comply
with the terms of the settlement agreement. In the prior decision, the Commission affirmed the
Agency’s final determination finding no settlement breach. We note that on her request for
reconsideration, Complainant merely reiterates her arguments of the appeal. Furthermore, we
note that it appears that Complainant, for the first time, is claiming a constructive discharge
when she was forced to retire on September 3, 2014. Complainant is hereby advised to contact
an EEO Counselor regarding the matter if she wishes to further pursue the same pursuant to 29
C.F.R. § 1614.105.

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
0520150382

2
Commission to deny the request. The decision in EEOC Appeal No. 0120150173 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

September 25, 2015
Date