Pearline M.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Headquarters), Agency.

Equal Employment Opportunity Commission

May 21, 2020

2020002172 (E.E.O.C. May. 21, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Pearline M.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Headquarters), Agency. Request No. 2020002172 Appeal No. 0120182717 Hearing No. 570-2014-01309X Agency No. 6Z000002213 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120182717 (December 20, 2019). 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). Complainant worked as a Purchasing and Supply Management (SM) Specialist in the Supply chain Management Strategies (SCMS) group at the Agency’s headquarters in Washington, D.C. Complainant filed an EEO complaint alleging she was discriminated against on the bases of race (Black), national origin (African American), sex (female), and age when she was subjected to harassment when: 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. 2020002172 2 1. On unspecified dates and in July 2012, she was asked her age and when she plans to retire; 2. On or about July 26, 2012, she was not detailed to the positions of Manager of Technology and Data Integrity Team and Program Manager SM Reports and Analysis; 3. On September 27, 2012, her peers told her that she would have to obtain her own data for reports; subsequently, she told her supervisor and she took no action; 4. Beginning on or about October 2, 2012, her supervisor told her she would need to limit her travel; 5. In or about January 2013, she was removed from SM’s Corporate Succession Planning (CSP) listing and placed on CSP listing for Human Resources; and 6. On June 11, 2013, she was notified that she was not recommended for the position of Manager, SCMS Stakeholder Outreach, Analysis & Research Team MPB (Management Pay Band) V-02. The complaint was initially dismissed by the Agency, and in Appeal No. 0120140627 (April 8, 2014), we reversed the dismissal and remanded the matter for further processing. After an investigation, Complainant requested a hearing. Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge’s (AJ) decision by summary judgment which found in favor of the Agency regarding claim 6, concluding Complainant failed to prove her discrimination claims. However, the AJ dismissed Complainant’s harassment claim as untimely raised. Nonetheless, our prior decision found that since the Agency already investigated the harassment claims it would address the claims. The decision addressed each claim and found that Complainant failed to show that the Agency’s articulated reasons for its actions were a pretext for discrimination. The decision found that with respect to her harassment claim, Complainant failed to show that it was related to any of her protected bases. In her request for reconsideration, Complainant expresses her disagreement with the previous decision and makes essentially the same arguments she made previously. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, § VII.A. Rather, a reconsideration request is an opportunity to demonstrate that the appellate 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. 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. 0120182717 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. 2020002172 3 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 May 21, 2020 Date