Complainant,v.Penny Pritzker, Secretary, Department of Commerce (Bureau of the Census), Agency.

Equal Employment Opportunity Commission

Feb 27, 2014

0120132258 (E.E.O.C. Feb. 27, 2014)

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

Complainant,

v.

Penny Pritzker,
Secretary,
Department of Commerce
(Bureau of the Census),
Agency.

Appeal No. 0120132258

Agency No. 63-2013-00071

DECISION
Upon review, we find that the Agency’s decision dated April 3, 2013, dismissing
Complainant’s complaint for failure to state a claim is proper pursuant to 29 C.F.R.
§1614.107(a)(1).

In her complaint, dated March 1, 2013, Complainant, a former employee of the Agency,
alleged discrimination in reprisal for prior EEO activity when:

(1) On December 17, 2012, in an attempt to prevent her from contacting potential
witnesses and to sway the Administrative Judge (AJ) by defaming her character, the
identified Agency’s representative stated that an Agency management official had said
that several people had recently complained about Complainant.
(2) On December 20, 2012, Sheriff’s Deputies arrived at her home and stated that someone
had filed a police report against her. She states that she was told that the identified
Assistant Facility Chief at Tucson Contact Center had claimed that Complainant was
“lurking” in the parking lot of the Tucson Contact Center and called 911.

Upon review, we find that claim (1) concerned the Agency’s representative’s conduct during
Complainant’s prior EEO complaint hearing. On appeal, the Agency indicates that the AJ at
the time of the issue found no improper conduct on the part of Complainant but informed her
of proper rules to follow when contacting potential witnesses at the Agency. It appears that
Complainant was alleging her dissatisfaction with the proceeding of her previously filed
complaint. Furthermore, there is no harm from the alleged action. Thus, we find that the
Agency properly dismissed claim (1). 29 C.F.R. §1614.107(a)(1) and (8).

0120132258

2
With regard to claim (2), the Agency indicates that the identified individual at the facility
contacted the police department after observing Complainant in the parking lot of the Agency’s
facility because the individual believed Complainant was “angry” with the Agency as a result
of her termination. Upon review, we find that Complainant was not aggrieved with regard to a
term, condition or privilege of her employment as a result of the alleged police reporting. See
Diaz v. Department of the Air Force

, EEOC Request No. 05931049 (April 21, 1994). Thus,
we find that the Agency properly dismissed claim (2) for failure to state a claim. 29 C.F.R.
§1614.107(a)(1). To the extent that Complainant is claiming the Agency violated some privacy
right by looking at her Official Personnel File in claim (2), we find that such a violation of
some privacy right does not state a violation of EEO law.
Accordingly, the Agency’s decision dismissing Complainant’s complaint is AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION

(M0610)
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 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 77960, Washington, DC 20013. 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).

0120132258

3
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

(Z0610)
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 from the Court that the Court appoint an attorney to represent you
and that the Court also 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
with the Court 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

Date
February 27, 2014