0120080114
12-06-2007
Tatiana A. Prshewlozky, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
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Tatiana A. Prshewlozky,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120080114
Agency No. 4F-956-0144-07
DECISION
Complainant filed a timely appeal with this Commission from the final
agency decision dated August 8, 2007, dismissing her 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.,
Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq., and the Age Discrimination in
Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
On June 15, 2007, complainant contacted an EEO Counselor. During EEO
counseling, complainant claimed that she was subjected to discrimination
on the bases of national origin, disability, age, and in reprisal
for prior protected EEO activity when on June 8, 2007, she was issued
a check containing erroneous information. Complainant claimed that
the check issuance was part of a continuation of alleged agency
misconduct. Informal efforts to resolve the matter were unsuccessful.
On August 1, 2007, complainant filed the instant formal complaint.
Complainant appended to her formal complaint a ten-page attachment
which addressed a variety of alleged incidents since 2002. A number of
the incidents appear to address matters previously pursued in the EEO
complaint process, with references to settlement agreements, actions
made by Administrative Judges, and other such matters.
On August 8, 2007, the agency issued the instant final decision. Therein,
the agency first determined that complainant's complaint was comprised of
the claim regarding the June 2007 check issuance, for which complainant
sought EEO counseling and that has been referenced above. In a
footnote, the agency acknowledged that the formal complaint contains
"an extensive amount of information" in narrative form, but construed
these matters as background information in support of a harassment claim.
The agency then dismissed the instant complaint pursuant to 29 C.F.R. �
1614.107(a)(1) for failure to state a claim.
The complaint fails to state a claim under the EEOC regulations because
complainant failed to show that she suffered harm or loss with respect to
a term, condition, or privilege of employment for which there is a remedy
in regard to the June 2007 check issuance. See Diaz v. Department of
the Air Force, EEOC Request No. 05931049 (April 21, 1994). Moreover,
the claim, even if proven to be true and viewed in a light most favorable
to complainant, would not indicate that complainant has been subjected
to harassment that was sufficiently severe or pervasive to alter the
conditions of employment. See Cobb v. Department of the Treasury,
EEOC Request no. 05970077 (March 13, 1997). Furthermore, the alleged
agency action was not of a type reasonably likely to deter complainant
or others from engaging in protected activity.
Finally, the Commission notes that complainant has addressed numerous
matters in the formal complaint, other than the June 2007 check issuance,
that were not addressed during EEO counseling. To the extent that
complainant wishes to pursue such matters in the EEO complaint process,
complainant is advised to first contact an agency EEO Counselor in regard
to them.
The agency's final decision dismissing complainant's complaint is
AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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), 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 19848,
Washington, D.C. 20036. 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 (S0900)
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 (Z1199)
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 that the Court appoint
an attorney to represent you and that the Court 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 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
December 6, 2007
__________________
Date
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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