0120073743
11-15-2007
Maureen D. Walters, Complainant, v. Peter D. Keisler, Acting Attorney General, Department of Justice, (Federal Bureau of Investigation), Agency.
Maureen D. Walters,
Complainant,
v.
Peter D. Keisler,
Acting Attorney General,
Department of Justice,
(Federal Bureau of Investigation),
Agency.
Appeal No. 0120073743
Agency No. F-07-6315
DECISION
Complainant filed a timely appeal with this Commission from the final agency decision dated July 24, 2007, dismissing her formal complaint of unlawful employment discrimination in violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
In the instant complaint, filed on May 21, 2007, complainant claimed that she was subjected to discrimination on the basis of disability when:
on February 27, 2007, she learned during a meeting, that a reasonable accommodation request was granted without her knowledge of such request.
Complainant further claimed that her supervisor harassed and intimidated her because of her medical condition by questioning the existence of her medical condition; and leaving informational material in the break room about Multiple Sclerosis.
The record reflects that management viewed complainant's verbal request that she not be required to travel for more than one night as a reasonable accommodation although complainant's request was not made in writing.
In its July 24, 2007 final decision, the agency dismissed the instant complaint on the grounds of failure to state a claim pursuant to 29 C.F.R. � 1614.107(a)(1), finding that complainant was not aggrieved. Specifically, the agency determined that complainant failed to demonstrate that she suffered harm to a term, condition or privilege of her employment. The agency further found that the alleged acts identified in the complaint did not rise to the level of harassment.
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).
Complainant has not alleged a personal loss or harm regarding a term, condition or privilege of her employment. The Commission does not find that the events described by complainant are sufficiently severe or pervasive to state a claim of discriminatory harassment. Therefore, we find that the agency properly dismissed the complaint for failure to state a claim. Moreover, the Commission does not find that the alleged incidents were not sufficiently severe or pervasive to state a claim of discriminatory harassment. See Cobb v. Department of the Treasury, EEOC Request No. 05970077 (March 13, 1997).
According, the agency's final decision was proper and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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 19848, Washington, D.C. 20036. 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 (S0900)
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 (Z1199)
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 that the Court appoint an attorney to represent you and that the Court 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 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
November 15, 2007
__________________
Date
2
0120073743
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036