U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Monika I. Ahmadpour-Bahnamiri, a/k/a
Belia B,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Request No. 0520170073
Appeal No. 0120160034
Agency No. 1K-221-0010-15
DECISION ON REQUEST FOR RECONSIDERATION
Complainant requested reconsideration of the decision in EEOC Appeal No. 0120160034
(October 4, 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 her underlying complaint, Complainant alleged that the Agency subjected her to unlawful
discrimination on the bases of her national origin and in reprisal for prior protected EEO
activity when: (1) on December 10, 2014, management admonished her for entering the wrong
sort plan on the delivery bar code sorter and refused to allow her overtime; (2) on December
20, 2014, management did not permit her to work in the priority operation; (3) on January 23,
2015, management did not allow her to get a drink of water or use the restroom; (4) on March
4, 5, 10, and 11, 2015, management did not allow her to take a lunch break; (5) on an
unspecified date, management issued her a letter of warning; (6) on March 15, 2015,
management conducted a pre-disciplinary interview; and (7) on March 19, 2015, a
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.
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management official followed Complainant to the women’s restroom while she was on a break.
In its final decision, the Agency found that Complainant failed to show that she was subjected
to unlawful discrimination. On appeal, the Commission affirmed the Agency’s final decision.
Specifically, we found that Complainant failed to show that the Agency’s articulated legitimate,
nondiscriminatory reasons for its actions were a pretext for national origin or reprisal
discrimination.
In her request for reconsideration, Complainant largely reiterated contentions 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. 0120160034 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
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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
January 25, 2017
Date
