Shanice C.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.

Equal Employment Opportunity Commission

Mar 9, 2017

0520170092 (E.E.O.C. Mar. 9, 2017)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Shanice C.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.

Request No. 0520170092

Appeal No. 0120161812

Agency No. 4C-170-0015-16

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120161812 (October 3, 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 the underlying complaint, Complainant alleged that the Agency subjected her to
discriminatory harassment on the bases of sex (female) and age (53) when: (1) on November
28, 2015, her supervisor (S1) swore at her and said he could swear at her whenever he wants;
(2) on December 8, 2015, S1 told her he wanted a hug for Christmas; (3) on January 11, 2016,
S1 yelled at her; and (4) on or around February 26, 2016, S1 told her that her doctor's note
was unacceptable.

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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Our previous decision affirmed the Agency decision dismissing Complainant’s complaint for
failure to state a claim pursuant to 29 C.F.R. § 1614.107(a)(1). Specifically, our decision
concluded that when viewing the allegations together, Complainant failed to state a viable
claim of hostile work environment because the allegations were insufficiently severe or
pervasive to state a valid claim.

In her request for reconsideration, Complainant argued the facts of the underlying complaint
and her belief that the actions of S1 constituted unlawful harassment. 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. Although Complainant may believe that her
allegations regarding the actions of S1 were sufficient to state a claim of harassment, we find
that the previous decision did not err when finding that the Agency properly dismissed her
complaint for failure to state a claim, given the Commission’s previous cases on what
constitutes unlawful harassment. Complainant has not demonstrated that the previous decision
was incorrect.

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. 0120161812 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

March 9, 2017
Date