Giselle W,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

Equal Employment Opportunity Commission

Apr 5, 2019

2019001189 (E.E.O.C. Apr. 5, 2019)

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

Giselle W,1
Complainant,

v.

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

Request No. 2019001189

Appeal No. 0120170150

Agency No. 1K-221-0019-16

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120170150 (September 13, 2018).
EEOC Regulations provide that the Commission may, in its discretion, grant a request to
reconsider any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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 her underlying complaint, Complainant alleged that the Agency subjected her to unlawful race
and color discrimination when: (1) on November 18, 2015, after reporting that a coworker spoke
to her in a demeaning and threatening manner, management failed to take appropriate action; and
(2) on February 27, 2016, management issued her a notice of removal, dated February 22, 2016,
for being absent without official leave. The Agency dismissed claim (1), pursuant to C.F.R. §
1614.107(a)(2), for untimely EEO counselor contact. In its final decision on claim (2), the Agency
found that Complainant failed to show that she was subjected to unlawful discrimination. On
appeal, the Commission affirmed the Agency’s dismissal of claim (1), finding that Complainant

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.
2019001189

2
did not initiate counselor contact until March 3, 2016, which was well beyond the 45-day time
limit. We also affirmed the Agency’s finding with respect to claim (2). Specifically, we concluded
that Complainant failed to show that the Agency’s articulated legitimate, nondiscriminatory
reasons for issuing her the notice of removal were a pretext for unlawful race or color
discrimination.

In her request for reconsideration, Complainant largely reiterates arguments made, and fully
considered, on appeal. Accordingly, 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.
0120170150 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

April 5, 2019
Date