EEOC Appeal 2020001467

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Wilbert W.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Headquarters),
Agency.
Request No. 2020001467
Appeal No. 2019005770
Agency No. 4X148001019
DECISION ON REQUEST FOR RECONSIDERATION
Complainant 	requested 	that 	the 	Equal 	Employment 	Opportunity 	Commission 	(EEOC 	or
Commission) reconsider its decision in EEOC Appeal No. 2019005770 (November 7, 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).
The 	record 	indicates 	that 	on 	June 	11, 	2019, 	Complainant 	filed 	his 	complaint 	alleging
discrimination based on disability, age, and reprisal when between October 18, 2014 and March
30, 2019, he was working a flexible and compressed work schedule of four ten-hour days per
week and was denied overtime for the two hours per day he worked more than eight hours and
was only paid eight hours of pay for his holidays.
On July 9, 2019, the Agency issued its final decision dismissing the complaint for failure to state
a claim and/or due to untimely EEO Counselor contact pursuant to 29 C.F.R. §§ 1614.107(a)(1)
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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and/or .107(a)(2). 	Upon Complainant’s appeal, the Commission previously affirmed the
Agency’s final decision dismissing the complaint for failure to state a claim. Specifically, noting
that Complainant was one of over 200 employees in the Call Center affected by the negotiated
change eliminating all bids for ten-hour days/four days a week, the Commission found that
Complainant was raising a generalized grievance that did not state a viable claim of disparate
treatment discrimination or unlawful retaliation.
In request, Complainant reiterates arguments he previously made. The Commission emphasizes
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), at 9-18 (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.
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. 2019005770 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. The
court has the sole discretion to grant or deny these types of requests.

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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 17, 2020
Date