0520130272
03-14-2014
Complainant v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Capital Metro Area), Agency.
Complainant
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Request No. 0520130272
Appeal No. 0120101497
Hearing No. 570-2008-00462X
Agency No. 1K-201-0042-07
DENIAL
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120101497 (August 17, 2012). 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).
Complainant filed a formal EEO complaint in which he alleged that the Agency subjected him to discrimination and harassment on the bases of age and in reprisal for prior EEO activity when:
1. On August 12, 2007, Complainant was falsely accused of harassment, and removed from Operation 170;
2. From August 17, 2007, through the date he filed his complaint, management denied Complainant the opportunity to work as a "group leader" and to receive higher pay as a motor driver;
3. On October 2 and 17, 2007, a manager (Sl) refused to assist Complainant with a pay adjustment for flight hours of Leave Without Pay (LWOP); and
4. Complainant was subjected to constant paging and ongoing harassment from August 2007 until the present, including the aforementioned discrete acts.
An EEOC Administrative Judge (AJ) issued a summary judgment decision in favor of the Agency. Specifically, the AJ found that Complainant failed to prove that the Agency's non-discriminatory explanations were pretext for unlawful discrimination. The Agency fully implemented the AJ's decision in a final order. In our previous decision, the Commission affirmed the Agency's order.
In his request for reconsideration, Complainant reiterates the allegations contained in his complaint and raised before the AJ. Complainant's contentions were duly considered during the proceedings below. We note 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 (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here.
Therefore, 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. 0120101497 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 (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 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
March 14, 2014
Date
2
0520130272
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520130272