01A33192_r
08-19-2003
Sandra N. Coleman, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Sandra N. Coleman v. United States Postal Service
01A33192
August 19, 2003
.
Sandra N. Coleman,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A33192
Agency No. 1F-924-0005-03
DECISION
Complainant filed an appeal with this Commission from a March 24,
2003 agency decision dismissing her complaint pursuant to 29 C.F.R. �
1614.107(a)(1) for failure to state a claim. In her complaint,
complainant alleged that in July 2002, she was subjected to discrimination
on the bases of disability and reprisal for prior EEO activity when:
the Injury Compensation Specialist harassed her by calling her
and telling her to return to work. Complainant also alleged that
her doctor was harassed by the Injury Compensation Specialist when a
telephone call from complainant's doctor about billing turned into a
conversation about complainant's condition. Complainant also claims
that the Injury Compensation Specialist called her therapist while she
was with the therapist. Complainant alleged a violation of the Privacy
Act as a result of those conversations.
In its decision, the agency stated that complainant was not aggrieved,
that the alleged conduct did not constitute harassment and that Privacy
Act violations do not come within the purview of the EEOC process.
The Commission finds that the complaint fails to state a claim.
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. See Diaz v. Department of the Air Force, EEOC Request
No. 05931049 (April 21, 1994). In the present case, complainant has
failed to show how the Injury Compensation Specialist's alleged actions
caused her to suffer a personal harm or loss. In addition, the Injury
Compensation Specialist's alleged actions were neither sufficiently
severe nor pervasive to state a claim of harassment. The Commission
also finds that complainant's allegation that the incidents violated the
Privacy Act also does not state a claim. The Privacy Act, 5 U.S.C. �
552(g)(1), provides an exclusive statutory framework governing the
disclosure of identifiable information contained in federal systems of
records and jurisdiction rests exclusively in the United States District
Courts for matters brought under the provisions of the Privacy Act.
Bucci v. Department of Education, EEOC Request Nos. 05890289, 05890290,
05890291 (April 12, 1989).
Accordingly, the agency's dismissal of the complaint 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
August 19, 2003
__________________
Date