[Redacted], Aida E.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity Commission

Apr 29, 2020

Appeal No. 2019004864 (E.E.O.C. Apr. 29, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Aida E.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service, Agency. Request No. 2020001218 Appeal No. 2019004864 Agency No. 1-603-0024-19 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Aida E. v. U.S. Postal Serv., EEOC Appeal No. 2019004864 (Oct. 10, 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, a Clerk, PS-6, at the Agency’s facility in Bedford Park, Illinois, filed the underlying complaint wherein she claimed that she was discriminated against on the bases of her race (African-American) and disability when management did not act on her Family Medical Leave Act (FMLA) requests she made via call-ins on January 31, 2019 and February 1, 2019, for 16 hours of FMLA annual leave. The Agency issued a final decision wherein it dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim. 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. 2020001218 2 The Agency determined that Complainant was not aggrieved or harmed since the issue was resolved the same week it occurred. Secondly, the Agency reasoned the FMLA is governed by the U.S. Department of Labor, so Complainant's EEO complaint constituted a collateral attack on the proceedings of another forum. In our previous decision, the Commission affirmed the Agency’s final decision. We found that the complaint failed to state a claim. We found that Complainant did not sufficiently allege that she was aggrieved by the Agency’s actions. We noted that Complainant did not contest that while the Agency initially rejected her FMLA requests, it approved them later that week. We stated that Complainant did not claim that she lost pay or that she was otherwise negatively impacted by the Agency’s actions. As a result, the Commission affirmed the dismissal. In her request for reconsideration, Complainant expresses her disagreement with the appellate decision and reiterates many arguments previously made on appeal. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 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. We find that Complainant has not presented any persuasive evidence to support reconsideration of the Commission’s decision. 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. 2019004864 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. 2020001218 3 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 29, 2020 Date