0520120473
11-16-2012
Keith W. Palmer, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
Keith W. Palmer,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Request No. 0520120473
Appeal No. 0120121162
Agency No. 4J-460-0137-11
DENIAL
Complainant timely requested reconsideration of the decision in Keith W. Palmer v. U.S. Postal Service, EEOC Appeal No. 0120121162 (May 9, 2012). 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(b).
Our previous decision affirmed a final Agency decision dismissing for untimely EEO Counselor contact Complainant's complaint of discrimination in connection with his termination from employment. We noted that the fact that Complainant, as he stated on appeal, pursued "all appropriate channels," e.g., a report to the Agency's Office of Inspector General (OIG), did not justify waiver of the 45-day time limitation to contact an EEO Counselor.
On reconsideration, Complainant for the first time argues that he contacted the Agency's EEO office within 45 days of his termination, but that an individual he identifies as the Agency's "EEO ADR Specialist" advised him that the whistle-blowing allegation he discussed with her should be taken to the OIG, and that she therefore inappropriately dissuaded him from pursuing an EEO complaint.
We remind Complainant 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) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here.
We note that, on appeal, Complainant argued that the Agency was attempting to use Complainant's whistle-blowing activity to cover up its discrimination against him. Complainant stated that he did not have reason to suspect discrimination until much later; at a time that might have made his eventual contact with an EEO Counselor timely. The argument now raised on reconsideration, in addition to being an argument that should have been raised on appeal, contradicts the argument Complainant did raise on appeal. Further, there is no evidence that in advising Complainant that whistleblower allegations should be brought to the attention of the OIG, the ADR Specialist did anything to affirmatively dissuade Complainant from pursuing an EEO complaint.
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(b), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120121162 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 (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
November 16, 2012
Date
2
0520120473
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120473