[Redacted], Tressa L. and Mari R., 1 Complainants,v.Roslynn R. Mauskopf, Director, Administrative Office of the U.S. Courts, Agency.

Equal Employment Opportunity Commission

Apr 21, 2022

Appeal Nos. 2022002437, 2022002438 (E.E.O.C. Apr. 21, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Tressa L. and Mari R.,1 Complainants, v. Roslynn R. Mauskopf, Director, Administrative Office of the U.S. Courts, Agency. Appeal Nos. 2022002437 & 2022002438 Agency Nos. CA03-21-EDR-01 & CA03-21-EDR-02 DISMISSAL OF APPEALS On March 31, 2022, Complainants filed separate appeals with the Equal Employment Opportunity Commission (EEOC or Commission) from a March 1, 2022 Memorandum from the U.S. District Court of the District of Delaware Employment Dispute Resolution Plan, affirming disciplinary actions Complainants alleged were the result 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. Pursuant to 29 C.F.R. § 1614.606, we have consolidated the two appeals into this single appellate decision because they relate to the same matter. BACKGROUND At the time of events giving rise to this complaint, Complainants worked as Bankruptcy Generalists in the Bankruptcy Court for the District of Delaware. On October 22, 2021, the Agency removed both Complainants from employment. Complainants each filed complaints, using the process under the Agency’s Employment Dispute Resolution (EDR) Plan, regarding their removals in which they alleged discrimination in violation of Title VII. 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. 2022002437 & 2022002438 2 In a Memorandum dated March 1, 2022, the District of Delaware EDR Plan concluded Complainants had failed to prove their discrimination claims. The instant appeals followed. ANALYSIS AND FINDINGS For the reasons set forth below, we conclude that this Commission does not have jurisdiction over claims of discrimination under Title VII brought by United States District Court employees, such as Complainants. EEOC regulations at 29 C.F.R. § 1614.103(b) sets out the scope of the federal sector administrative complaint process, including our appellate process, and states, in relevant part: This part applies to: . . . (4) All units of the judicial branch of the Federal government having positions in the competitive service, except for complaints under the Rehabilitation Act [emphasis added]. Thus, according to 29 C.F.R. § 1614.103(b)(4), in order for this Commission’s regulations to apply to an employee in the judicial branch of the federal government, such an employee must hold a position in the “competitive service.” Our review of relevant federal hiring announcements indicates that federal District Court Bankruptcy Generalists, such as Complainants, are “excepted service” and not “competitive service” employees. Therefore, the Commission has no jurisdiction over Complainants’ Title VII claims. Further, pursuant to 29 C.F.R. § 1614.401, decisions on complaints of employment discrimination issued under the District Court’s EDR Plan do not garner appeal rights to this Commission. CONCLUSION Accordingly, we dismiss Complainants’ appeals. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0920) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that 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. 2022002437 & 2022002438 3 Requests for reconsideration must be filed with EEOC’s Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within which to submit a brief or statement in opposition. 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). Complainant should submit his or her request for reconsideration, and any statement or brief in support of his or her request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx Alternatively, Complainant can submit his or her request and arguments to the Director, Office of Federal Operations, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFO receives it by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files his or her request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the 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. 2022002437 & 2022002438 4 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 April 21, 2022 Date