0520170084
02-02-2017
Micha T.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Headquarters), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Micha T.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Headquarters),
Agency.
Request No. 0520170084
Appeal No. 0120160021
Agency No. 6Z-000-0004-15
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120160021 (October 3, 2016). 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 previous decision, the Commission affirmed the Agency's final decision finding that Complainant did not prove that the Agency discriminated against her on the bases of race, national origin, sex, disability, and age when she was notified that her contracting authority was reduced from Level III to Level I and subsequently was told that she had no authority to bind the Agency. We found that the Agency articulated legitimate, nondiscriminatory reasons for its actions. In that regard, we noted that Complainant's manager stated that Complainant did not present documentation to support her Level III warrant authority, did not submit a plan to fill gaps in the required training, and did not demonstrate the required number of hours in coursework. According to the manager, all of the other contracting officers who had training gaps developed plans to obtain the necessary training. Another manager also stated that the other contracting officers had completed training or developed plans to complete it. We concluded that Complainant did not prove by a preponderance of the evidence that the articulated reasons were a pretext for unlawful discrimination.
In her request for reconsideration, Complainant, through her attorney, argues that the previous decision involved a clearly erroneous interpretation of material fact and law. She reiterates the arguments that she made on appeal. Complainant contends that the Agency did not articulate legitimate reasons for its actions because the proffered reasons contravene Agency regulations for terminating a contracting officer's authority. She also contends that the Agency should not have terminated her contracting authority because she met the requirements for Level 1 authority. She asserts that the Agency did not take away the contracting authority of three other contracting officers who, according to Complainant, did not complete the required 21 hours of formal purchase training.
We remind Complainant 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. Aug. 5, 2015), at 9-18; 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 will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. Although Complainant disagrees with the previous decision, she has not shown that the Commission clearly erred when it concluded that the record did not support her claims of discrimination. Our review of the record and Complainant's request does not reveal an error of fact or law such that reconsideration should be granted.
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. 0120160021 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
_2/2/17_________________
Date
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.
---------------
------------------------------------------------------------
---------------
------------------------------------------------------------
2
0520170084
2
0520170084