[Redacted], Ingrid C., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Field Areas and Regions), Agency.

Equal Employment Opportunity Commission

Mar 20, 2023

Appeal No. 2021002246 (E.E.O.C. Mar. 20, 2023)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Ingrid C.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Request No. 2022005067 Appeal No. 2021002246 Agency No. 4E-500-0034-20 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2021002246 (August 8, 2022). 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). During the relevant time, Complainant worked as a City Carrier at the Waterloo Post Office in Waterloo, Iowa. Complainant filed a formal EEO complaint claiming discrimination based on disability, genetic information, and retaliation for prior protected activity. Complainant alleged that management mishandled and improperly stored her medical information; Agency counsel included false statements and the threat of criminal sanctions in the Agency’s Response to Complainant’s Motion to Consolidate during the hearing process of her prior EEO case (Agency Case No. 4E- 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. 2022005067 2 500-0029-19); and she was notified that her medical leave had been denied and she would be charged annual leave for her absence, despite submitting appropriate documentation. Complainant also alleged the Agency subjected her to harassment regarding these and other claims. The Agency dismissed Complainant’s claim concerning Agency counsel’s alleged during the hearing process of her prior EEO case, finding that Complainant was expressing dissatisfaction with the processing of a prior complaint and, therefore, Complainant should have addressed these matters with the EEOC Administrative Judge (AJ) assigned to that case, rather than bring it as a new claim in the instant complaint. After an investigation into the remaining claims, Complainant requested a final Agency decision. Thereafter, the Agency issued a final decision that found a violation of the Rehabilitation Act and the Commission’s regulations regarding management’s mishandling and improperly storing Complainant’s medical information. The Agency’s decision ordered payment to Complainant $1,000.00 in nonpecuniary, compensatory damages, and the provision of two hours of training concerning the proper procedures for maintaining confidential medical information to the two supervisors involved. The Agency’s final decision also upheld the dismissal of the claim concerning Agency counsel’s action in a prior complaint. Finally, the Agency concluded no discrimination was established when Complainant was notified that her medical leave had been denied and that she would be charged annual leave for her absence. The Agency also found the evidence did not establish harassment or a GINA violation. Complainant appealed. In EEOC Appeal No. 2021002246, the Commission modified the Agency’s final decision, finding that a supervisor’s separate disclosure of Complainant’s EEO-related activity constituted unlawful retaliation. The Commission awarded Complainant an additional $1,000.00 in compensatory damages, bringing her total award to $2,000. The Commission ordered additional training hours for the supervisors involved and the consideration of discipline. In the instant request for reconsideration, we have carefully reviewed Complainant’s arguments and determine that the matters either were raised or could have been raised below. We note that many of Complainant’s arguments in support of her reconsideration request where already made and considered during the original appeal from the Agency’s final order. We emphasize 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), 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. 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. 2022005067 3 The decision in EEOC Appeal No. 2021002246 remains the Commission's decision and we have repeated its Order below. There is no further right of administrative appeal on the decision of the Commission on this request. ORDER To the extent it has not already done so, the Agency shall: 1. Within 90 days of the date this decision is issued, the Agency shall provide eight hours of in-person or interactive EEO training to S2 and S3 on the proper procedures for maintaining confidential medical information and maintaining the confidentiality of employees’ EEO activity. 2. Within 60 days of the date this decision is issued, the Agency shall consider taking appropriate disciplinary action against S2 and S3. The Commission does not consider training to be disciplinary action. The Agency shall report its decision to the Compliance Officer. If the Agency decides to take disciplinary action, it shall identify the action taken. If the Agency decides not to take disciplinary action, it shall set forth the reason(s) for its decision not to impose discipline. If the responsible management officials have left the Agency’s employment, then the Agency shall furnish documentation of their departure dates. 3. Within 60 days of the date this decision is issued, the Agency shall pay Complainant $2,000.00 in nonpecuniary, compensatory damages POSTING ORDER (G0617) The Agency is ordered to post at its Waterloo Post Office facility copies of the attached notice. Copies of the notice, after being signed by the Agency's duly authorized representative, shall be posted both in hard copy and electronic format by the Agency within 30 calendar days of the date this decision was issued, and shall remain posted for 60 consecutive days, in conspicuous places, including all places where notices to employees are customarily posted. The Agency shall take reasonable steps to ensure that said notices are not altered, defaced, or covered by any other material. The original signed notice is to be submitted to the Compliance Officer as directed in the paragraph entitled "Implementation of the Commission's Decision," within 10 calendar days of the expiration of the posting period. The report must be in digital format, and must be submitted via the Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719) Under 29 C.F.R. § 1614.405(c) and § 1614.502, compliance with the Commission’s corrective action is mandatory. Within seven (7) calendar days of the completion of each ordered corrective action, the Agency shall submit via the Federal Sector EEO Portal (FedSEP) supporting documents in the digital format required by the Commission, referencing the 2022005067 4 compliance docket number under which compliance was being monitored. Once all compliance is complete, the Agency shall submit via FedSEP a final compliance report in the digital format required by the Commission. See 29 C.F.R. § 1614.403(g). The Agency’s final report must contain supporting documentation when previously not uploaded, and the Agency must send a copy of all submissions to the Complainant and his/her representative. If the Agency does not comply with the Commission’s order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. § 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission’s order prior to or following an administrative petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled “Right to File a Civil Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. § 1614.409. Failure by an agency to either file a compliance report or implement any of the orders set forth in this decision, without good cause shown, may result in the referral of this matter to the Office of Special Counsel pursuant to 29 C.F.R. § 1614.503(f) for enforcement by that agency. 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. 2022005067 5 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 March 20, 2023 Date