0120160775
05-06-2016
Tyra F.,1 Complainant, v. Eric Fanning, Acting Secretary, Department of the Army, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Tyra F.,1
Complainant,
v.
Eric Fanning,
Acting Secretary,
Department of the Army,
Agency.
Appeal No. 0120160775
Agency No. ARMINCOMHQ15AUG03251
DECISION
Complainant filed a timely appeal with this Commission from the Agency's decision dated November 20, 2015, 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 Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
BACKGROUND
At the time of events giving rise to this complaint, Complainant was a former employee at the Agency's Fort Bragg Military Installation in North Carolina.
On September 30, 2015, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of race (African-American), disability, and reprisal for prior protected EEO activity when, from June 16, 2011 to August 31, 2015, her prior EEO complaints related to ongoing harassment/hostile working environment issues were allegedly improperly processed.
In support of Complainant's claim of discrimination, the Agency identified the following events:
1. On August 31, 2015, Complainant was issued a Notice of Right to File in DA Docket No. ARBRAGG15AUG03035 by the EEO counselor containing another person's Personal Identifiable Information (PII).
2. On July 22, 2015, she was issued a Notice of Right to File in DA Docket No. ARBRAGG15JUN02380, with someone else's PII by a collateral-duty counselor.
3. On August 26, 2013, Docket No. ARBRAGG13JUN02637 was improperly dismissed;
4. On November 8, 2012, Docket No. ARBRAGG12SEP04056 was improperly partially dismissed.
5. On July 24, 2012, the Settlement Agreement for Docket No. ARBRAGG11OCT04551 was breached and her claim of breach was improperly processed.2
The Agency determined that Complainant's EEO complaint alleged harassment based on the processing issues of her prior EEO complaints. As such, the Agency determined that her complaint should be dismissed, pursuant to 29 C.F.R. � 1614.107(a)(8), for alleging dissatisfaction with the EEO process or "spin off" complaints.
This appeal followed.
ANALYSIS AND FINDINGS
Under 29 C.F.R. � 1614.107(a)(8), an agency may dismiss a complaint that "alleges dissatisfaction with the processing of a previously filed complaint." See Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at 5-26. (Aug. 5, 2015). Complaints about the processing of a complaint are to be handled by the Agency official responsible for the quality of complaint processing. See Fields v. Dep't of Health and Human Serv., EEOC Appeal No. 05910159 (Feb. 11, 1991).
Upon review of the complaint at hand, we find that Complainant has clearly alleged dissatisfaction with the Agency's EEO complaint processing of her prior EEO complaints. As such, we find that the Agency's dismissal of the complaint was appropriate.
CONCLUSION
Based on a thorough review of the record and the contentions on appeal, including those not specifically addressed herein, we AFFIRM the Agency's final decision dismissing the complaint as a whole.
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 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
May 6, 2016
__________________
Date
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 Complainant's claim of breach was addressed by the Commission in EEOC Appeal No. 0120132513 (Dec. 6, 2013) and Complainant did not allege a new claim of breach.
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