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

Equal Employment Opportunity Commission

May 10, 2019

2019002326 (E.E.O.C. May. 10, 2019)

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

Dallas D.,1
Complainant,

v.

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

Appeal No. 20-1900-2326

Agency No. 1G-351-0054-18

DECISION

Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC
or Commission) from the Agency's final decision dated February 11, 2019, dismissing a formal
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.

BACKGROUND

During the period at issue, Complainant worked for the Agency as a Tractor Trailer Operator in
Birmingham, Alabama. On January 14, 2019, Complainant filed a formal complaint alleging that
the Agency subjected him to discrimination based on race (African-American) and in reprisal for
prior protected EEO activity.2

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.

2 The record does not contain a copy of Complainant’s formal complaint. However, the record
contains an EEO Counselor Report and an Information for Pre-complaint Counseling form. The
Agency’s identification of the claim in its final decision is consistent with the matter addressed in
the EEO Counselor’s Report and Information for Pre-complaint Counseling form. Moreover, on
appeal, while Complainant asserts the Agency made some errors in processing his EEO case
(inaccurate dates and wrong address for his representative), Complainant does not expressly
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In its final decision, dated February 11, 2019, the Agency determined that Complainant’s
complaint was comprised of the following claim:

On August 8, 2018, [Complainant] became aware that two coworkers were
reassigned.

The Agency dismissed the formal complaint for failure to state claim. The Agency reasoned that
Complainant was alleging some of his co-workers were reassigned due to discrimination. The
Agency found that since Complainant was not one of the alleged aggrieved co-workers, he did not
have standing to pursue a claim.

The instant appeal followed. Complainant asserts that the EEO counseling process was flawed
because the EEO Counselor had wrong date and inaccurate address for Complainant’s
representative. Complainant further asserts that management attempted to have him withdraw his
EEO complaint.

ANALYSIS AND FINDINGS

The regulation set forth at 29 C.F.R. § 1614.107(a)(1) provides, in relevant part, that an agency
shall dismiss a complaint that fails to state a claim. An agency shall accept a complaint from any
aggrieved employee or applicant for employment who believes that he or she has been
discriminated against by that agency because of race, color, religion, sex, national origin, age or
disabling condition. 29 C.F.R. §§ 1614.103, .106(a). The Commission's federal sector case
precedent has long defined an "aggrieved employee" as one who suffers a present harm or loss
with respect to a term, condition, or privilege of employment for which there is a remedy. Diaz v.
Department of the Air Force, EEOC Request No. 05931049 (April 21, 1994).

Agency properly dismissed Complainant’s complaint for failure to state a claim. Complainant is
alleging that some of his co-workers were reassigned due to discrimination. Complainant failed
to identify a specific harm he sustained. Complainant cannot pursue a generalized grievance that
members of one protected group are afforded benefits not offered to other protected groups. See
Warth v. Seldin, 422 U.S. 490, 499 (1975); Crandall v. Dep’t of Veteran Affairs, EEOC Request
No. (Sept. 11, 1997).

To the extent that, on appeal, Complainant is alleging that Agency personnel tried to induce him
to withdraw his EEO complaint, he should contact the Agency’s EEO Office if he wishes to pursue
this matter through the EEO process.

We AFFIRM the Agency’s final decision dismissing the formal complaint for the reason discussed
above.

contest the manner in which the Agency identified his claim. Given these circumstances, we will
review this matter as identified by the Agency in its final decision.
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STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0617)
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. A party shall have
twenty (20) calendar days of receipt of another party’s timely request for reconsideration in
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). All requests and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission. Complainant’s request may be
submitted via regular mail to P.O. Box 77960, 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 agency’s request must be submitted
in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. §
1614.403(g). 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.

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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

May 10, 2019
Date