0520120567
02-14-2013
Terry M. Dorsey, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Capital Metro Area), Agency.
Terry M. Dorsey,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Request No. 0520120567
Appeal No. 0120093801
Agency No. 1K211008308
DENIAL
Complainant timely requested reconsideration of the decision in Terry M. Dorsey v. U.S. Postal Service, EEOC Appeal No. 0120093801 (June 21, 2012). 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(b).
The facts and procedural background are set forth in the previous decision and are incorporated herein by reference. We note the following salient facts: on January 13, 2009, Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of sex (female) and reprisal for prior protected EEO activity when, on August 8, 2008, she learned that the Manager of Maintenance Operations (Ml) told co-workers she had sex with him several times.
Upon being notified, the record indicates that the Agency conducted an investigation into Complainant's allegations, but concluded, among other things, that there was insufficient evidence to find that M1 was spreading rumors about Complainant. Noting that there were "serious issues of credibility," the previous decision found that the preponderance of the evidence in the record did not support Complainant's claim that she was subjected to either sexual harassment or retaliatory harassment.1
In her request for reconsideration, Complainant argues, in pertinent part, that the Commission should take another look at her case with "a fresh set of eyes." Among other things, she maintains that the previous decision did not consider that: (1) M1 remained in his position at the facility during the investigation; (2) that the witnesses who were suppose to corroborate her claims worked for M1 and feared retaliation; (3) sexual harassers go through extreme measures to conceal their actions and use their authority to silence any potential witnesses; (4) the investigation was inadequate; and (5) she was very depressed during the period at issue and was in no condition to testify at a hearing.
We remind Complainant 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) (rev. Nov. 9, 1999), at 9-17. A reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Here, we find no evidence that Complainant has met the criteria for reconsideration. Complainant offers what she believes to be adequate reasons for why the preponderance of the evidence in the record did not support her claim that she was subjected to sexual or retaliatory harassment, but these matters do not establish that the previous decision was clearly erroneous. As noted by the previous decision, the issues in this case, most notably credibility, could have been more thoroughly examined at a hearing. Although we understand Complainant's assertion that she was too depressed to testify, we note that she could have requested a hearing and worked with the Administrative Judge to set a date for her testimony that was more convenient for her.
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(b), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120093801 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 (Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request from the Court that the Court appoint an attorney to represent you and that the Court also permit you to file the action without payment of fees, costs, or other security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c). The grant or denial of the request is within the sole discretion of the Court. Filing a request for an attorney with the Court does not extend your time in which to file a civil action. Both the request and the civil action must be filed within the time limits as stated in the paragraph above ("Right to File a Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
__2/14/13________________
Date
1 The previous decision indicated that it was unable to assess the demeanor of the witnesses as Complainant chose to request a final decision from the Agency and not an administrative hearing.
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0520120567
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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