Erick Moore, Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Western Area), Agency.

Equal Employment Opportunity CommissionDec 16, 2011
0520110538 (E.E.O.C. Dec. 16, 2011)

0520110538

12-16-2011

Erick Moore, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Western Area), Agency.




Erick Moore,

Complainant,

v.

Patrick R. Donahoe,

Postmaster General,

United States Postal Service

(Western Area),

Agency.

Request No. 0520110538

Appeal No. 0120101435

Agency No. 1E-471-0004-10

DENIAL

Complainant timely requested reconsideration of the decision in Erick

Moore v. U.S. Postal Service, EEOC Appeal No. 0120101435 (May 24, 2011).

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(b).

The previous decision affirmed the Agency’s dismissal of Complainant’s

complaint, based on race and reprisal, for failure to state a claim,

finding that he had not alleged a harm to a term, condition or privilege

of employment. In his request for reconsideration, Complainant argued

that although he did not lose pay when he was sent home after an argument

with two co-workers, the mere fact that he was sent home and the two

White co-workers were not was treatment reasonably likely to deter

employees from engaging in protected activity.

We find that Complainant has not shown that the previous decision

involved a clearly erroneous interpretation of fact or law. 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(b), and it is the decision of the Commission to DENY

the request. The decision in EEOC Appeal No. 0120101435 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

December 16, 2011

Date

2

0520110538

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520110538