EEOC Appeal 2020001335

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Jamar F., 1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Request No. 2020001335
Appeal No. 2019003461
Agency No. 1F-927-0029-19
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Jamar F. v. U.S. Postal Serv., EEOC Appeal No.
2019003461 (Oct. 23, 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, a PS-11 Electronic Technician at the Agency's Processing and Distribution Center
in Santa Ana, California, filed a formal complaint alleging that the Agency discriminated against
him on the bases of race, national origin, sex, color, age, and in reprisal for prior protected EEO
activity when:
1. 	On December 20 and 23, 2018, Complainant was given inadequate time to complete
an EEO affidavit concerning a prior complaint;
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 December 21, 2018, Complainant received a group email from the Maintenance
Manager Specialist wishing everyone “Happy Holidays;” and
3. 	On January 9, 2019, Complainant was not allowed to walk outside of the building on
his official break.
The Agency issued a decision dismissing the complaint. The Agency determined that Claim (1)
alleged dissatisfaction with the processing of a previously filed complaint and stated that the
allegation would be separately processed. The Agency dismissed Claims (2) and (3) for failure to
state a claim because the allegations were not sufficiently severe or pervasive enough to rise to the
level of an actionable hostile work environment. 	On appeal, the Commission affirmed the
Agency’s dismissal decision.
In his request for reconsideration, Complainant expresses his disagreement with the previous
decision and reiterates arguments previously made on appeal. The Commission emphasizes that
a request for reconsideration is not a second appeal. Equal Employment Opportunity Management
Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VI.A (Aug. 5, 2015); see, e.g., Lopez
v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). 	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. Complainant has not presented
any persuasive evidence to support reconsideration of the Commission’s decision.
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. 2019003461 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.

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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 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
September 2, 2020
Date