0120160984
05-10-2016
Alma F.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Alma F.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Appeal No. 0120160984
Agency No. 4F-926-0071-15
DECISION
Complainant filed a timely appeal with this Commission from the Agency's decision dated November 2, 2015, dismissing her complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Box Clerk at the Agency's Post Office facility in Brea, California.
On October 9, 2015, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of race (Not Specified), national origin (Not Specified), and reprisal for prior protected EEO activity under Title VII of the Civil Rights Act of 1964 when, on January 10, 2015, and continuing, Complainant's supervisor (Supervisor) and the Postmaster spoke Spanish with each other on the workroom floor. The Supervisor would speak with others in Spanish as well.
The Agency dismissed the complaint pursuant to 29 C.F.R. � 1614.107(a)(1) for failure to state a claim. The Agency found that Complainant has not shown that she suffered any injury. Furthermore, the Agency noted that events raised by Complainant did not state a claim of harassment. Therefore, the Agency dismissed the compliant as a whole.
Complainant appealed. Complainant, through her representative (Representative) asserted that this issue was the subject of mediation which settled on April 16, 2015. The settlement agreement was voided by the Agency.2 The Representative has asserted that the Supervisor made a work related announcement in Spanish and continues to have conversations in Spanish with employees. In support of her assertion regarding the "work related announcement," Complainant provided a document stating that the Supervisor made an announcement in Spanish with signatures of coworkers. The Representative argued that because of the Supervisor's use of Spanish in the workplace, Complainant has suffered humiliation and stress for which she has sought medical attention. The Agency asked that the Commission affirm its dismissal.
ANALYSIS AND FINDINGS
The Commission finds that the complaint fails to state a claim under the EEOC regulations because Complainant failed to show that she suffered harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. 29 C.F.R. � 1614.107(a)(1). See Diaz v. Dep't of the Air Force, EEOC Request No. 05931049 (April 21, 1994). We note that Complainant asserted that on September 19, 2015, the Supervisor made a "work related announcement." However, she has not asserted how any such announcement caused her to suffer a harm or loss.
Moreover, to the extent Complainant is claiming a discriminatory hostile work environment, we find that the events described, even if proven to be true, would not indicate that Complainant has been subjected to harassment that was sufficiently severe or pervasive to alter the conditions of her employment. See Cobb v. Dep't. of the Treasury, Request No. 05970077 (March 13, 1997); see also Hill v. U.S. Postal Serv., EEOC Appeal No. 0120100441 (April 28, 2011) (affirming the dismissal of Complainant's claim of discrimination and/or harassment when the Supervisor spoke to others in Spanish).
CONCLUSION
Based on a thorough review of the record and the contentions on appeal, including those not specifically addressed herein, we AFFIRM the Agency's final decision.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)
The Commission may, in its discretion, reconsider the decision in this case if the Complainant or the Agency submits a written request containing arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, must be filed with the Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision or within twenty (20) calendar days of receipt of another party's timely request for reconsideration. See 29 C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 � VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. The requests may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, the request to reconsider shall be deemed timely filed if it is received by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. � 1614.604. The request or opposition must also include proof of service on the other party.
Failure to file within the time period will result in dismissal of your request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted with your request for reconsideration. The Commission will consider requests for reconsideration filed after the deadline only in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0610)
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. If you file a request to reconsider and also file a civil action, filing a civil action will terminate the administrative processing of your complaint.
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
May 10, 2016
__________________
Date
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.
2 We note that the Agency's determination was appealed to the Commission. In Alma F. v. U.S. Postal Serv., EEOC Appeal No. 0120152934 (Feb. 4, 2016), we affirmed the Agency's decision to void the settlement agreement based on the lack of consideration.
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