Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Eastern Area), Agency.

Equal Employment Opportunity Commission

Apr 23, 2014

0120111755 (E.E.O.C. Apr. 23, 2014)

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

,
Complainant,

v.

Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.

Appeal No. 0120111755

Agency No. 4C-440-0012-11

DECISION
Complainant filed a timely appeal with this Commission from the Agency's decision dated
January 10, 2011, 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. For the following reasons, we AFFIRM the Agency’s final decision.

BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Clerk at the
Agency’s Carrier Annex in Lorain, Ohio. On December 13, 2010, Complainant filed a formal
complaint alleging that the Agency subjected her to discrimination on the bases of religion
(Christian) and in reprisal for prior protected EEO activity when:

1. since October 14, 2010, her privacy was violated when she was denied FOIA
documents;
2. her computer was “remotely accessed,” denying her access to her laptop;
3. religious information from a file was erased and locked out;
4. on unspecified dates, a supervisor gave false evaluations;
5. on unspecified dates, the Agency failed to protect her from illegal acts;
6. she was denied the ability to file this complaint on November 1, 2010, when the
system rejected her employee identification number.

In its January 10, 2011 final decision, the Agency dismissed the instant complaint for failure to
state a claim pursuant to 29 C.F.R. § 1614.107(a)(1). Specifically, the Agency determined
that Complainant failed to demonstrate that she suffered harm to a term, condition or privilege
0120111755

2
of her employment. The Agency additionally dismissed claim (1) on the grounds that it alleged
a violation of the Privacy Act.

ANALYSIS AND FINDINGS
After thorough review of the record, we find that Complainant has not sufficiently alleged a
personal loss or harm regarding a term, condition or privilege of her employment for which
there is a remedy, and the Agency properly dismissed the matter for failure to state a claim.
See Diaz v. Department of the Air Force, EEOC Request No. 05931049 (April 21, 1994).
Moreover, the alleged incidents, even considered together, do not state a viable hostile work
environment claim. See Cobb v. Department of the Treasury

, EEOC Request No. 05970077
(March 13, 1997). Finally, the Agency's dismissal of claim (1) was correct because the
Commission does not have jurisdiction over claims alleging violations of the Privacy Act.
Accordingly, the Agency's final decision dismissing the instant complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION

(M0610)
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 9-18 (November 9, 1999). All requests and arguments must be
submitted to the Director, Office of Federal Operations, Equal Employment Opportunity
Commission, P.O. Box 77960, Washington, DC 20013. 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).

0120111755

3
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

(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

Date
April 23, 2014