[Redacted], Tammi W, 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

Equal Employment Opportunity Commission

Nov 16, 2020

Appeal No. 2019002986 (E.E.O.C. Nov. 16, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Tammi W,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Capital Metro Area), Agency. Request No. 2020004321 Appeal No. 2019002986 Hearing No. 430-2018-00432X Agency No. 4K230003318 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2019002986 (June 3, 2020). 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. 29 C.F.R. § 1614.405(c). In the underlying complaint, Complainant claims that the Agency discriminated against her based on age, sex, and reprisal, when on November 15, 2017, Complainant learned that she was not selected for promotion to Postmaster, EAS-24, in Chesapeake, Virginia. 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 2020004321 On January 15, 2018, Complainant filed a formal complaint. After receiving the Agency’s report of investigation, Complainant timely requested a hearing before an EEOC Administrative Judge (AJ). The Agency moved for a decision without a hearing. Complainant declined to oppose the Agency’s motion. On March 29, 2019, the Agency issued a decision without a hearing in favor of the Agency. The Agency subsequently adopted the AJ’s no discrimination finding. Complainant appealed. In the prior appellate decision, the Commission noted that Complainant was one of ten qualified applicants for the postmaster position. The selectee was a younger female manager of comparable grade who had also served in the vacant position in an acting capacity. The selection official stated that Complainant had scored lower than the selectee, in part, based on two incidents when mail delivery service was delayed under Complainant’s management. On reconsideration, Complainant has failed to evidence that the Agency’s stated reasons for the decision at issue were pretextual. Furthermore, the Agency had greater discretion in filling the postmaster position. Hickman v. Dep’t of Justice, EEOC Appeal No. 01A11797 (Dec. 20, 2001). Complainant did not persuade us that her qualifications were plainly superior to those of the selectee. Based on the foregoing review and analysis, the Commission finds that this 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. 2019002986 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. 3 2020004321 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 November 16, 2020 Date