Lovella S,1 Complainant,v.Dr. David J. Shulkin, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Feb 28, 2017

0120170361 (E.E.O.C. Feb. 28, 2017)

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

Lovella S,1
Complainant,

v.

Dr. David J. Shulkin,
Secretary,
Department of Veterans Affairs,
Agency.

Appeal No. 0120170361

Agency No. 200I-0319-2016103472

DECISION

Complainant filed an appeal with this Commission from the Agency’s decision dated October
6, 2016, 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.

At the time of events giving rise to this complaint, Complainant worked as a Rating Veteran
Service Representative at the Agency’s facility in Columbia, South Carolina. On May 11,
2016, Complainant filed a formal complaint alleging that the Agency subjected her to a hostile
work environment based on her race (Caucasian) and sex (female) when: (1) on May 4, 2016,
a management official screamed and demanded that Complainant and her union representative
leave his office; and (2) on June 16, 2016, a human resources liaison denied Complainant’s
request to have two union representatives.

The Agency found the challenged actions were not sufficiently severe or pervasive to adversely
affect Complainant’s performance or create a hostile working environment. The Agency
dismissed the Complaint pursuant to 29 C.F.R. § 1614.107(a)(l), for failure to state a claim.
On appeal, Complainant reiterates her contention that she was subjected to unlawful
harassment.

EEOC Regulation 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

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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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, 1614.106(a).

The Commission has repeatedly found that remarks or comments unaccompanied by a concrete
agency action are not a direct and personal deprivation sufficient to render an individual
aggrieved for the purposes of Title VII. See Complainant v. U.S. Postal Serv., EEOC Request
No. 05960227 (June 10, 1996); Complainant v. U.S. Postal Serv., EEOC Request No.
05940695 (Feb. 9, 1995). Here, Complainant has not shown that the incidents alleged resulted
in any personal loss or harm to a term, condition, or privilege of employment. Further, we do
not find that the incidents were sufficiently severe or pervasive enough to state a claim of
unlawful harassment. See Complainant v. Department of the Treasury, EEOC Request No.
05970077 (March 13, 1997).

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

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)

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 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. The requests 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 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
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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.

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.’s signature
Carlton M. Hadden, Director
Office of Federal Operations

February 28, 2017
Date