Lorriane L.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Northeast Area), Agency.

Equal Employment Opportunity Commission

Sep 18, 2019

2019003512 (E.E.O.C. Sep. 18, 2019)

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

Lorriane L.,1
Complainant,

v.

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

Appeal No. 2019003512

Agency No. 1B-007-0002-19

DECISION

Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC
or Commission) from the Agency’s decision dated March 14, 2019, 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 pursuant to 29 C.F.R. § 1614.107(a)(1) for
failure to state a claim.

BACKGROUND

At the time of events giving rise to this complaint, Complainant worked as a Motor Vehicle
Operator at the Agency’s General Mail Facility in San Juan, Puerto Rico. On February 22, 2019,
Complainant filed a formal complaint alleging that the Agency subjected her to discrimination
on the basis of sex (female) when:

1. On an unspecified date, Complainant was belittled and mocked by the males in
her office for not doing other craft work;

2. On November 2, 2018, Complainant was not provided with assistance in

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.
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unloading her truck; and

3. On November 7, 2018, while Complainant was waiting for a mail handler, the
transportation manager asked her what she was waiting for.

On March 14, 2019, the Agency issued a final decision. Therein, the Agency dismissed the
formal complaint on the grounds that Complainant failed to state a claim pursuant to 29 C.F.R. §
1614.107(a)(1). The Agency states there was no persuasive evidence in the record that
Complainant was subjected to any adverse employment action or denied any entitlement in
relation to a term, condition or privilege of employment as a result of the incident she raised in
her complaint. Also, the Agency stated that the totality of the circumstances and the actions
complained of, even if true, are neither sufficiently severe nor pervasive enough to create a
discriminatory hostile or abusive working environment.

In the instant appeal, Complainant argued that the EEO counselor categorized the complaint
without regard to the facts that were provided against the Agency. Complainant states that she
has been ridiculed, depreciated, disparaged, mocked, diminished, and criticized. The Agency did
not submit a statement in opposition to Complainant’s appeal.

ANALYSIS AND FINDINGS

Upon review, we find the Agency properly dismissed Complainant’s complaint pursuant to 29
C.F.R. § 1614.107(a)(1) for failure to state a claim. We have considered the alleged incidents and
remarks together in the light most favorable to Complainant. Even if Complainant was not
provided assistance or if Complainant was asked what she was waiting for, neither of these
incidents are sufficient to state a claim. Complainant’s undated claims, regarding being belittled
and mocked, are unduly vague and lack specificity.

The Commission finds that the complaint fails to state a claim under the EEOC regulations
because Complainant failed to show that she suffered 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).

CONCLUSION

Accordingly, the Agency's final decision dismissing Complainant's complaint is affirmed.

2019003512

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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

September 18, 2019
Date