Teddy D.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Southwest Area), Agency.

Equal Employment Opportunity Commission

Jan 15, 2016

0520150508 (E.E.O.C. Jan. 15, 2016)

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

Teddy D.,1
Complainant,

v.

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

Request Nos. 0520150508, 0520150030

Appeal No. 0120142073

Agency No. 4G-770-0080-14

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120142073
(September 12, 2014), request for reconsideration denied, EEOC Request No. 0520150030
(February 25, 2015). 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 him to
discrimination on the bases of race, sex, and disability when:

On January 7, 2014, Complainant’s supervisor yelled at him in a condescending
manner, pointed her finger in his face, and bumped into him.

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.
0520150508

2
In EEOC Appeal No. 0120142073, the Commission affirmed the Agency’s dismissal of
Complainant’s complaint for failure to state a claim. In EEOC Request No. 0520150030, the
Commission denied Complainant’s request for reconsideration.

Subsequently, Complainant filed another request for reconsideration seeking to have his
complaint reinstated based on new evidence. In his request, Complainant discussed a June 24,
2014 on the job injury and his resulting claim for continuation of pay filed with the Department
of Labor. Complainant stated that his continuation of pay claim was handled differently than
the case of a Caucasian male employee who had an on the job injury. Complainant claimed the
Agency’s actions regarding his injury and claim for continuation of pay were taken in
retaliation for his prior EEO complaint. None of these arguments or purportedly new evidence
in any way alter the Commission’s prior analysis that the complaint did not state a claim
because Complainant was not aggrieved.

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. 0520150030 remains the
Commission's decision. There is no further right of administrative appeal on the decision of
the Commission on this request.2

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

2 To the extent Complainant wants to file a new complaint of discrimination surrounding the June 24, 2014 on the
job injury and continuation of pay claim, he should contact an EEO Counselor to pursue a new complaint, if he
has not already done so.
0520150508

3
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

January 15, 2016
Date