George M.,1 Complainant,v.Loretta E. Lynch, Attorney General, Department of Justice (Federal Bureau of Investigation), Agency.

Equal Employment Opportunity Commission

Oct 21, 2016

0120152468 (E.E.O.C. Oct. 21, 2016)

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

George M.,1
Complainant,

v.

Loretta E. Lynch,
Attorney General,
Department of Justice
(Federal Bureau of Investigation),
Agency.

Appeal No. 0120152468

Agency No. FBI-2015-00114

DECISION

Upon review, we find that the Agency’s decision dated June 16, 2015, dismissing
Complainant’s complaint for failure to state a claim is proper pursuant to 29 C.F.R.
§1614.107(a)(1).

In his complaint, filed on May 6, 2015, Complainant, a Supervisory Special Agent (SSA), GS-
14, in Agency’s Surveillance Program in Atlanta Division, Atlanta, Georgia, alleged
discrimination based on race (Black) when he was subjected to harassment in that his program
was subjected to an on-site review that was “outside the scope of the prescribed protocols and
was unusual compared to other [on-sites].” Complainant claimed that in March 2015, his
Atlanta Surveillance Program was subjected to an on-site review by the Critical Incident
Response Group (CIRG) in response to an identified SSA’s false accusations concerning his
financial dealings in the program.

Upon review, we find that Complainant was not aggrieved with regard to a term, condition or
privilege of his employment as a result of the alleged on-site review. See Diaz v. Department
of the Air Force, EEOC Request No. 05931049 (April 21, 1994). Although Complainant
claimed that the alleged incident constituted harassment, the Commission does not find that the
alleged action was sufficiently severe or pervasive to alter the conditions of his employment
such as to state a claim of harassment. See Harris v. Forklift Systems, Inc., 510 U.S. 17, 21

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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(1993); Cobb v. Department of the Treasury, EEOC Request No. 05970077 (March 13, 1997).
We note that the Agency conducted the on-site review in response to complaints received from
its employees. There is no evidence that Complainant was disciplined or subjected to any
adverse actions as a result of such review. In fact, Complainant acknowledges on appeal that
the final report of the on-site review made no findings of any misconduct by him.

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

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
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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

October 21, 2016
Date