Complainant,v.Penny Pritzker, Secretary, Department of Commerce (Bureau of the Census), Agency.Download PDFEqual Employment Opportunity CommissionFeb 27, 20140120132258 (E.E.O.C. Feb. 27, 2014) Copy Citation 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 Copy with citationCopy as parenthetical citation