01986199
02-18-2000
Columbus L. Johnson, Complainant, v. Janet Reno, Attorney General, Department of Justice, Agency.
Columbus L. Johnson, )
Complainant, )
)
v. ) Appeal No. 01986199
) Agency No. F-98-5144
Janet Reno, )
Attorney General, )
Department of Justice, )
Agency. )
)
DECISION
Upon review, we find that the complaint was properly dismissed pursuant
to 64 Fed. Reg. 37,644, 37,656 (1999) (to be codified and hereinafter
cited as 29 C.F.R. �1614.107(a)(1)), on the grounds of failure to
state a claim and that it states the same claim as that decided by the
agency.<1> Complainant, a Special Agent assigned to the Los Angeles
Field Office, claimed that he was discriminated against when an office
assistant assigned to the Legal Attache Caracas Office made a negative
comment concerning him to a Special Agent assigned to the Washington,
D.C. Field Office. The office assistant allegedly said that complainant
�would not do things [the office assistant's] way, so she . . . got rid
of [complainant] from Legat Caracas.� Complainant further claimed that
he worked in a hostile environment as management failed to aggressively
respond to complaints and resolve issues.
With regard to the comment made by the office assistant, we find that
complainant failed to establish that the comment caused him to suffer
harm with regard to a term, condition or privilege of his employment.
We note that the alleged comment made by the office assistant was
uttered to an individual outside of complainant's chain of command.
The Commission has repeatedly found that remarks or comments unaccompanied
by a concrete agency action are not a direct and personal deprivation
sufficient to render an individual aggrieved. See Backo v. U.S. Postal
Service, EEOC Request No. 05960227 (June 10, 1996); Henry v. U.S. Postal
Service, EEOC Request No. 05940695 (February 9, 1995). While complainant
requested compensatory damages, the Commission has held that where an
allegation fails to state a claim, a request for compensatory damages
will not render the complainant aggrieved. Girard v. Department of the
Treasury, EEOC Request No. 05940379 (September 9, 1994). As for the
remaining claims set forth by complainant, the record reveals that the
same claims were presented by complainant in his previous complaint,
Agency No. F-97-4918. That complaint was dismissed by the agency on
March 27, 1998. Accordingly, the final agency decision dismissing this
complaint was proper and is hereby AFFIRMED for the reasons set forth
herein.
STATEMENT OF RIGHTS - ON
APPEAL
RECONSIDERATION (M1199)
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 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �1614.405). All requests and arguments must be
submitted to the Director, Office of Federal Operations, Equal Employment
Opportunity Commission, P.O. Box 19848, Washington, D.C. 20036. 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 64 Fed. Reg. 37,644, 37,661 (1999)
(to be codified and hereinafter referred to as 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 (S1199)
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 (Z1199)
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 that the Court appoint
an attorney to represent you and that the Court 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 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:
February 18, 2000
_______________________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative,
and the agency on:
DATE Equal Employment Assistant1 On November 9, 1999,
revised regulations governing the EEOC's federal sector
complaint process went into effect. These regulations apply
to all Federal sector EEO complaints pending at any stage in
the administrative process. Consequently, the Commission will
apply the revised regulations found at 64 Fed. Reg. 37,644
(1999), where applicable, in deciding the present appeal.
The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.