0120090259
02-19-2009
Sharon R. Griggs,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120090259
Agency No. 4G-720-0070-08
DECISION
Complainant filed a timely appeal with this Commission from the agency's
final decision dated September 15, 2008, 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.
Upon review, the Commission finds that complainant's complaint was
properly dismissed for failure to state a claim.
Complainant initiated contact with an EEO Counselor alleging that the
agency discriminated against her on the bases of sex (female and sexual
orientation (lesbian)), age (over 40) and reprisal for opposition
activity when, from February 2004 to the time of the pre-complaint,
management subjected her to a hostile work environment; on April 18, 2008,
management issued her a Letter of Warning for Unsatisfactory Performance;
and, on June 18, 2008, management issued her a 14-day Suspension for
Unsatisfactory Performance. Subsequently, complainant filed a formal
complaint alleging the same claim but alleging only the bases of sexual
orientation and reprisal "for being honest not falsifying doc[uments.]"
In its September 15 final decision, the agency dismissed complainant's
claims pursuant to 29 C.F.R. � 1614.107(a)(1). Specifically, the
agency found that the bases of sexual orientation and reprisal for
being honest and not falsifying documents is not within the purview of
EEOC regulations. Further, the agency found that complainant's claim
of hostile work environment was too vague because she did not specify
times and harm.
We agree with the agency's dismissal pursuant to 29 C.F.R. �
1614.107(a)(1). Complainant failed to allege that she opposed practices
that are unlawful under statutes enforced by the EEOC. Further, sexual
orientation is not covered by the statutes the Commission enforces.
Yost v. U.S. Postal Service, EEOC Request No. 05970940 (October 2,
1997). Accordingly, we AFFIRM the agency's final decision dismissing
complainant's complaint.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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), 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).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0408)
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 (Z1008)
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
February 19, 2009
__________________
Date
2
0120090259
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0120090259