Williams S.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency.

Equal Employment Opportunity Commission

Sep 9, 2016

0120151404 (E.E.O.C. Sep. 9, 2016)

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

Williams S.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Southern Area),
Agency.

Appeal No. 0120151404
Agency No. 4G330007215

DECISION

Complainant filed a timely appeal with this Commission from the Agency's decision dated
February 5, 2015, dismissing his 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 the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. §
621 et seq. Upon review, the Commission finds that Complainant's complaint was properly
dismissed pursuant to 29 C.F.R. § 1614.107(a)(8).

BACKGROUND

At the time of events giving rise to this complaint, Complainant worked as a Data Collection
Technician at the Agency’s International Service Center in Miami, Florida. On January 23,
2015, Complainant filed a formal complaint alleging that the Agency subjected him to
discrimination on the bases of race (Hispanic), national origin (Peruvian), age (55), and in
reprisal for prior protected EEO activity when he became aware that a seniority list, which was
presented to him in connection with negotiations that resulted in the settlement of a previous
case, was altered and did not contain accurate information.

On February 5, 2015, the Agency issued a final decision dismissing the complaint pursuant to
29 C.F.R. 1614.107(a)(8) as an improper "spin-off" complaint. From that decision
Complainant brings the instant appeal.

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.
0120151404

2

ANALYSIS AND FINDINGS

Complainant's complaint was properly dismissed as a “spin-off” because it is based on the
Agency’s actions in connection with the processing of an earlier complaint. Specifically, the
complaint alleges that the Agency provided Complainant with an inaccurate seniority list in
connection with discussions related to efforts to mediate an earlier EEO complaint. These facts
do not form a proper basis for an independent EEO complaint. See 29 C.F.R. §
1614.107(a)(8); Equal Employment Opportunity Management Directive for 29 C.F.R. Part
110 (EEO MD 110), at 3-9, Chapter 3, Section H (Spin-Off Complaints) (as Revised, Aug. 5,
2015). See also Trujillo v. Dep't of the Air Force, EEOC Request No. 05950177 (June 13,
1996).2

CONCLUSION

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,

2 To the extent that Complainant is contending that the settlement agreement has been breached
or is invalidated by inaccurate statements made by the Agency in the course of settlement
negotiations, the proper mechanism for raising such a claim is 29 C.F.R. § 1614.504. See
e.g. McMahon v. Department of Homeland Security, EEOC Appeal No. 0120112007 (April
11, 2012)(addressing issue of fraud in the inducement, raised in connection with settlement
breach claim).

0120151404

3
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

September 9, 2016
Date