Britany C.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency.

Equal Employment Opportunity Commission

Feb 14, 2018

0120162719 (E.E.O.C. Feb. 14, 2018)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Britany C.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Southern Area),
Agency.

Appeal No. 0120162719

Agency No. 4G-330-0181-16

DECISION

Upon review, we find that the Agency’s decision dated August 19, 2016, dismissing
Complainant’s complaint for failure to state a claim is proper pursuant to 29 C.F.R.
§1614.107(a)(1).

In her complaint, filed on June 28, 2016, Complainant, a City Letter Carrier at the Tamarac
Branch in Florida, alleged discrimination based on age (over 40) and in reprisal for prior EEO
activity when:

(1) On March 22, 2016, her supervisor stated that since she was unable to complete her
route within eight hours she should retire; and

(2) On April 23, 2016, she was spoken to in a loud, demeaning manner.

The Commission has consistently held that a remark or comment unaccompanied by concrete
action is not a direct and personal deprivation sufficient to render an individual aggrieved for the
purposes of Title VII. Henry v. USPS, EEOC Request No. 05940695 (February 9, 1995). The
alleged incidents involved Complainant’s supervisor talking to her due to her alleged
underperformance and telling her to cease talking with her coworker and return to work. There

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.
0120162719

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is no evidence that Complainant was subjected to any disciplinary action as a result of the
incidents.

After a review of the record, we find that Complainant was not aggrieved with regard to a term,
condition or privilege of her employment as a result of the alleged remarks. See Diaz v.
Department of the Air Force, EEOC Request No. 05931049 (April 21, 1994). Although
Complainant claimed that the alleged incidents constituted harassment, the Commission does not
find that the alleged action was sufficiently severe or pervasive to alter the conditions of her
employment such as to state a claim of harassment. See Harris v. Forklift Systems, Inc., 510
U.S. 17, 21 (1993); Cobb v. Department of the Treasury, EEOC Request No. 05970077 (March
13, 1997).

Accordingly, the Agency’s final decision dismissing Complainant’s complaint is AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party
shall have twenty (20) calendar days of receipt of another party’s timely request for
reconsideration in which to submit a brief or statement in opposition. 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.
Complainant’s request 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
agency’s request must be submitted in digital format via the EEOC’s Federal Sector EEO Portal
(FedSEP). See 29 C.F.R. § 1614.403(g). 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
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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

February 14, 2018
Date