Juanita X,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

Equal Employment Opportunity Commission

Sep 10, 2020

2020002156 (E.E.O.C. Sep. 10, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Juanita X,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency. Appeal No. 2020002156 Agency No. 4K-300-0337-19 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's final decision dated December 12, 2019, dismissing a formal 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. BACKGROUND During the period at issue, Complainant worked as a Senior Sales Associate, Grade 6, at the Post Office in Snellville, Georgia. On September 9, 2019, believing she had been subjected to discrimination, Complainant timely contacted an EEO Counselor. The parties failed to resolve the matter informally. On November 20, 2019, Complainant filed a formal complaint, claiming that the Agency subjected her to discrimination based on race and sex when, on August 12, 2019, the Postmaster instructed Complainant to stay at work until 3:00 p.m., yelled at Complainant saying she was rude and disrespectful, and told Complainant to find a job somewhere else. On December 9, 2019, the Agency issued a final decision dismissing the formal complaint for failure to state a claim. 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. 2 2020002156 The instant appeal followed. On appeal, Complainant stated that the EEO Counselor’s Report incorrectly described Complainant’s conditions of employment. For example, the EEO Counselor erred by describing Complainant as a rural carrier. Next, Complainant contended that the Postmaster had been verbally aggressive toward Complainant and then provided an untruthful account on the situation to the EEO Counselor. ANALYSIS AND FINDINGS EEOC Regulation 29 C.F.R. §1614.107(a)(1) authorizes an agency to dismiss a complaint if it fails to state a claim in accordance with 29 C.F.R. §1614.103. To establish standing under 29 C.F.R. §1614.103, the complainant must be an employee or an applicant for employment of the agency against which discrimination allegation was raised. In addition, the claim must concern an employment policy or practice which affects the complainant as an employee or applicant for employment. An agency shall accept a complaint from any aggrieved employee or applicant for employment who believes that she has been discriminated against because of her race, color, religion, sex, national origin, age or disabling condition. 29 C.F.R. §1614.103; §1614.106(a). The Commission’s federal sector case precedent has defined an “aggrieved employee” as one who suffers an employment harm for which there is a remedy under EEOC Regulations. Diaz v. Dep’t of the Air Force, EEOC Request No. 05931049 (Apr. 21, 1994). To the extent that there may have been inaccurate details in the EEO Counselor report, we nevertheless find that the Agency properly dismissed Complainant’s harassment complaint for failure to state a claim under 29 C.F.R. §1614.107(a)(1). The matters identified in the formal complaint were not so sufficiently severe or pervasive that it altered conditions of employment. Cobb v. Dep’t of the Treasury, EEOC Request No. 05970077 (Mar. 13, 1997). CONCLUSION We AFFIRM the Agency's final decision dismissing the formal complaint for failure to state a claim. 3 2020002156 STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0617) The Commission may, in its discretion, reconsider the decision in this case if 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. 29 C.F.R. § 1614.405; EEO 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. 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). 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 Commission will consider requests for reconsideration filed after the deadline only in very limited circumstances. 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. 4 2020002156 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 September 10, 2020 Date