[Redacted], Petra W., 1 Complainant,v.Janet L. Yellen, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity Commission

Dec 16, 2021

Appeal No. 2021005174 (E.E.O.C. Dec. 16, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Petra W.,1 Complainant, v. Janet L. Yellen, Secretary, Department of the Treasury, Agency. Appeal No. 2021005174 Agency No. IRS-21-0576-F DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's final decision dated September 21, 2021, dismissing a formal complaint alleging 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. BACKGROUND During the period at issue, Complainant had worked as a Technical Writer for the Agency in Lanham-Seabrook, Maryland. On August 28, 2021, Complainant filed a formal EEO complaint alleging that the Agency subjected her to discrimination based on race (African-American), sex (female), color (Black), age (over 40), and in reprisal for EEO-protected activity (IRS-20-0426-F), when, between February 12 and July 8, 2021, the Agency’s Bureau of the Fiscal Service, acting under its Offset Program, intercepted tax refunds from the Internal Revenue Service, and applied all or part of Complainant's anticipated tax refunds to delinquent child support debts that Complainant owed to the Prince George’s County Child Support Enforcement Unit pursuant to Child Support Orders previously upheld by Maryland State courts. 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 2021005174 On September 21, 2021, the Agency issued a final decision dismissing the complaint for failure to state a claim under 29 C.F.R. 1614.106(a)(1). Specifically, the Agency stated the claim was an impermissible collateral attack attempting to challenge the underlying child support debt. The instant appeal followed. On September 29, 2021, Complainant filed a brief in support of her appeal and the Agency filed a response brief opposing the appeal on October 14, 2021. On October 15, 2021, Complainant filed a rebuttal to the Agency’s opposition brief. The Agency moved to strike Complainant’s response to its appellate brief. Thereafter, Complainant filed a brief in opposition to the Agency’s motion to strike. ANALYSIS AND FINDINGS As an initial matter, we reviewed all parties’ appellate submissions but determine that it is unnecessary to address the Agency’s motion to strike. The record before us is adequately developed for us to render a reasoned decision on the dismissal issue without addressing the various appellate arguments regarding submissions on appeal. Under Commission regulations at 29 C.F.R. §§ 1614.103, 1614.106(a), the Agency must accept a justiciable claim that an aggrieved employee has been subjected to discrimination based on EEO- protected characteristics or because of EEO-protected activities. EEOC Regulation 29 C.F.R. § 1614.107(a)(1) provides the Agency shall dismiss a complaint that fails to state a claim. The instant formal complaint fails to state a claim under the EEOC regulations because Complainant failed to allege a harm concerning a term, condition, or privilege of her employment for which there is a remedy under EEO law. Diaz v. Dep’t of the Air Force, EEOC Request No. 05931049 (Apr. 21, 1994). EEOC has consistently held that an EEO claim that addresses a state court's wage garnishment order constitutes an improper collateral attack on a non EEO-proceeding. Therefore, the Agency properly dismissed the instant complaint for failing to state an EEO claim. Complainant may raise her concerns about the wage garnishment order through the state court but not with this Commission. Laguerra v. Dep’t of the Treasury, EEOC Appeal No. 0120103496 (May 24, 2011). CONCLUSION Accordingly, we AFFIRM the Agency's final decision for properly dismissing Complainant's complaint for failure to state a claim in accordance with 29 C.F.R. § 1614.107(a)(1). 3 2021005174 STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0920) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that 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 for reconsideration must be filed with EEOC’s Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within 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 at Ch. 9 § VII.B (Aug. 5, 2015). Complainant should submit her request for reconsideration, and any statement or brief in support of his or her request, via the EEOC Public Portal, which can be found at: https://publicportal.eeoc.gov/Portal/Login.aspx Alternatively, Complainant can submit her request and arguments to the Director, OFO, EEOC, via regular mail addressed to P.O. Box 77960, Washington DC 20013, or by certified mail addressed to 131 M St. NE, Washington DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFO receives it by mail within five days of the expiration of the applicable filing period. 29 C.F.R. § 1614.604. An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files his or her request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the 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). 4 2021005174 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’s signature Carlton M. Hadden, Director Office of Federal Operations December 16, 2021 Date