Dolores J.,1 Complainant,v.Sally Jewell, Secretary, Department of the Interior, Agency.

Equal Employment Opportunity Commission

Feb 17, 2016

0120142961 (E.E.O.C. Feb. 17, 2016)

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

Dolores J.,1
Complainant,

v.

Sally Jewell,
Secretary,
Department of the Interior,
Agency.

Appeal No. 0120142961

Agency No. DOI-OS-14-0209

DECISION

Complainant filed an appeal with this Commission from the Agency’s decision dated August 8,
2014, 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. and the
Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et
seq.

At the time of events giving rise to this complaint, Complainant worked as an Information
Technology Specialist at the Agency’s Interior Business Center in Denver, Colorado. On May
9, 2014, Complainant filed a formal complaint alleging that the Agency subjected her to
discrimination on the bases of her national origin (Hawaiian), sex (female), age, and in reprisal
for prior protected EEO activity when on or about April 2, 2014, she learned of a sign posted
in her coworker’s office that she believed referred to her as an “idiot.”

In its final decision, the Agency dismissed the instant complaint, pursuant to 29 C.F.R.
§ 1614.107(a)(1), for failure to state a claim. Specifically, the Agency found that Complainant
failed to show that she was aggrieved with respect to the alleged discriminatory action. On
appeal, Complainant contends that the Agency erred in dismissing her complaint.

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.
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The regulation set forth at 29 C.F.R. § 1614.107(a)(1) provides, in relevant part, that an
Agency shall dismiss a complaint that fails to state a claim. An agency shall accept a complaint
from any aggrieved employee or applicant for employment who believes that he or she has
been discriminated against by that agency because of race, color, religion, sex, national origin,
age or disabling condition. 29 C.F.R. §§ 1614.103, .106(a) The Commission’s federal sector
case precedent has long defined an “aggrieved employee” as one who suffers a present harm or
loss with respect to a term, condition, or privilege of employment for which there is a remedy.
Diaz v. Department of the Air Force, EEOC Request No. 05931049 (April 21, 1994).

Here, Complainant has not alleged a personal loss or harm regarding a term, condition or
privilege of her employment. Further, with respect to the basis of reprisal, the Commission
finds that the complaint fails to state a claim because the alleged incident, even if proven to be
true, could not be construed as so severe or pervasive as to deter a reasonable person from
pursuing the EEO process. Accordingly, we AFFIRM the Agency’s decision dismissing
Complainant’s EEO complaint.

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0815)

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, 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
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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, Director
Office of Federal Operations

February 17, 2016
Date