EEOC Appeal 2020001028

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Celine D., 1
Complainant,
v.
Louis DeJoy,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Request No. 2020001028
Appeal No. 0120182121
Hearing No. 470-2018-2121
Agency No. 1C401002016
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 0120182121 (October 4, 2019).
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).
Complainant 	was 	employed 	as 	a 	Supervisor, 	Maintenance 	Operations, 	at 	the 	Agency’s
Processing and Distribution Center in Evansville, Indiana. Complainant filed an EEO complaint
alleging she was discriminated against on the bases of race (African American), color (Black),
sex (female), age, and reprisal when:
1. 	On March 3, 2016, she was relocated from her office;
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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2. 	On March 9, 2016, the manager yelled at her in a training class;
3. 	On dates not specified in 2015, she was denied training opportunities;
4. 	On 	dates 	in 	August 	2015 	and 	February 	2016, 	she 	was 	denied 	overtime
opportunities;
5. 	She was not allowed to supervise all maintenance employees as her peers were;
and
6. 	On April 18, 2016, she was issued a Letter of Warning.
The Agency investigated the matter and thereafter Complainant requested a hearing. Our prior
appellate decision affirmed the Equal Employment Opportunity Commission Administrative
Judge’s (AJ) decision following a hearing which found in favor of the Agency, concluding
Complainant failed to prove her discrimination claims.
In her request for reconsideration, Complainant expresses her disagreement with the previous
decision. We emphasize that a request for reconsideration is not a second appeal to the
Commission. 	See EEO MD-110, Ch. 9, § VII.A. 	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. 	The decision in EEOC Appeal No. 0120182121 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.

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The court has the sole discretion to grant or deny these types of requests. 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
August 24, 2020
Date