Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Southeast Area), Agency. Request No. 0520150218 Appeal No. 0120142997 Agency No. 4G-760-0080-14 DECISION ON REQUEST FOR RECONSIDERATION The agency timely requested reconsideration of the decision in EEOC Appeal No. 0120142997 (January 14, 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 our prior decision, we reversed the Agency's procedural dismissal of Agency Complaint No. 4G-760-0080-14 because the Agency had investigated the complaint, and Complainant had requested a hearing. In its request for reconsideration, the Agency explains that we confused Agency Complaint No. 4G-760-0080-14 with Agency Complaint No. 4G-760-0008-14. Agency No. 4G-760-0008-14 was pending a hearing at the time the Agency issued its final decision dismissing Agency Complaint No. 4G-760-0080-14. The Agency is correct. Agency Complaint No. 4G-760-0080-14 was filed on June 28, 2014 and dismissed on July 24, 2014. No investigation of this complaint occurred, and no request for a hearing for this complaint was made.1 In making this error, we relied on Complainant's October 14, 2014 brief. Complainant sent a copy of that brief to the Agency, but the Agency did not file a reply. Because this matter could have been resolved on appeal, we decline to grant reconsideration. A request for reconsideration is not a "second appeal." Our remand order simply directed the Agency to resume processing from the point where processing had ceased. Our order did not direct the Agency to accept this complaint for investigation. Thus, the Agency has the discretion to issue another decision procedurally dismissing this complaint and giving Complainant appropriate appeal rights to this Commission. 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. 0120142997 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. The Agency shall comply with the Order as set forth below. ORDER The Agency is ORDERED to resume processing of the underlying complaint (Agency Complaint No. 4G-760-0080-14) from the point where processing ceased. Within thirty (30) days of receiving this decision, the Agency shall acknowledge to Complainant that it has reinstated and resumed processing of the underlying complaint. A copy of the agency letter of acknowledgement must be sent to the Compliance Officer as referenced below. IMPLEMENTATION OF THE COMMISSION'S DECISION (K0610) Compliance with the Commission's corrective action is mandatory. The Agency shall submit its compliance report within thirty (30) calendar days of the completion of all ordered corrective action. The report shall be submitted to the Compliance Officer, Office of Federal Operations, Equal Employment Opportunity Commission, P.O. Box 77960, Washington, DC 20013. The Agency's report must contain supporting documentation, and the Agency must send a copy of all submissions to the Complainant. If the Agency does not comply with the Commission's order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. § 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission's order prior to or following an administrative petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled "Right to File a Civil Action." 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. § 1614.409. COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0610) This is a decision requiring the Agency to continue its administrative processing of your complaint. However, if you wish to file a civil action, you have the right to file such action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. In the alternative, you may file a civil action after one hundred and eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your appeal with the Commission. 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. Filing a civil action will terminate the administrative processing of your complaint. 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 June 24, 2015 __________________ Date 1 We note that Complainant has two complaints currently pending before the Hearings Unit of the Commission's Dallas District Office: Agency No. 4G-760-0008-14 and Agency No. 4G-760-0108-14. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 2 0520150218 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013