EEOC Appeal 2020001912

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Von E.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service,
Agency.
Request No. 2020001912
Appeal No. 0120172782
Agency No. 1K-206-0002-17
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Von E. v. U.S. Postal Serv., EEOC Appeal No.
0120172782 (Oct. 26, 2018). 	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 Parcel Post Distribution Clerk at the Agency's Southern Maryland Processing and
Distribution Center in Capital Heights, Maryland, filed the underlying complaint wherein he
claimed that he was discriminated against and subjected to a hostile work environment on the bases
of his national origin (Uganda), age (55) and in reprisal for his prior EEO activity when:
1. 	On October 14-19, 2016, Complainant was placed on emergency placement in an off-
duty status;
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. 	Since October 20, 2016, and on December 25, 2016 and December 30, 2016,
Complainant’s Supervisor was critical of his work; and
3. 	Since October 20, 2016, and on December 25, 2016 and December 30, 2016,
Complainant’s Supervisor has spoken in a loud manner.
Following an investigation, Complainant requested that the Agency issue a final decision. 	The
Agency issued a final decision finding that Complainant was not subjected to discrimination,
reprisal, or a hostile work environment as alleged.
On appeal, the Commission affirmed the Agency’s final decision. 	Therein, we determined that
Complainant failed to show that the Agency’s articulated legitimate, nondiscriminatory reasons
for its actions were pretextual. 	Accordingly, the Commission found that Complainant was not
subjected to discrimination, reprisal, or a hostile work environment as alleged.
In his request for reconsideration, Complainant expresses his disagreement with the appellate
decision and reiterates several 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. Upon review of Complainant’s request to
reconsider, we find that Complainant has not presented any persuasive evidence to support
reconsideration of the Commission’s decision. 	Complainant has failed to establish that he was
discriminated against or subjected to a hostile work environment on the bases of either his national
origin, age, or reprisal with respect to the matters at issue.
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. 0120172782 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 9, 2020
Date