01985708
12-10-1999
Scott E. Williams, Complainant, v. Lawrence H. Summers, Secretary, Department of the Treasury, Agency.
Scott E. Williams, )
Complainant, )
)
v. ) Appeal No. 01985708
) Agency No. 984183
Lawrence H. Summers, )
Secretary, )
Department of the Treasury, )
Agency. )
)
DECISION
The Commission finds that the agency's June 25, 1998 decision dismissing
complainant's complaint on the basis of failure to state a claim, is
proper pursuant to the provisions of 64 Fed. Reg. 37,644, 37,656 (1999)
(to be codified and hereinafter referred to as 29 C.F.R.
� 1614.107(a)(1)).<1>
The record shows that complainant sought EEO counseling and subsequently
filed a formal complaint of discrimination alleging that he had
been discriminated against on the bases of physical disability (none
specified), and reprisal for prior EEO activity when: (1) in December
1997, and June 1998, the agency failed to investigate anonymous letters
that contained negative comments about complainant's managerial skills;
(2) he was misled into believing in the existence of a report on
disabilities; (3) his name was released to the press in August 1997;
and, (4) the agency described people convicted of domestic violence as
�disabled people�.
By letter dated June 8, 1998, the agency asked complainant to clarify
his complaint. In response, complainant informed the agency that the
sole discriminatory event raised was the agency's refusal to investigate
the anonymous letters which resulted in a hostile work environment.
The agency issued a final decision dismissing the complaint on the
grounds of failure to state a claim. The agency noted that pursuant to
complainant's clarification of the complaint, the only issue considered
by the agency concerned the anonymous letters.
An agency shall accept a complaint from any aggrieved employee or
applicant 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 held that while the regulations do not define the term "aggrieved
employee," the United States Supreme Court has interpreted it to mean
an employee 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 (Apr. 21,
1994). "To state a claim under our regulations, an employee must allege
and show an injury in fact." Id. (citing Hackett v. McGuire Bros., 445
F.2d 447 (3d Cir. 1971)). "Specifically, an employee must allege and
show a `direct, personal deprivation at the hands of the employer,' that
is, a present and unresolved harm or loss affecting a term, condition
or privilege of his/her employment." Id. (citing Hammonds v. United
States Postal Serv., EEOC Request No. 05900863 (Oct. 31, 1990); Taylor
v. United States Postal Serv., EEOC Request No. 05900367 (June 2, 1990)).
The Commission has consistently held that a remark or comment
unaccompanied by any concrete effect does not render the complainant
aggrieved. Fuller v. USPS, EEOC Request No. 05910324 (May 2, 1991).
Moreover, the incidents in question are insufficient to support a claim
of hostile work environment. See Cobb v. Department of the Treasury,
EEOC Request No. 05970077 (March 13, 1997). Accordingly, the agency's
decision dismissing the complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1199)
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
64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.405). 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 64 Fed. Reg. 37,644, 37,661 (1999)
(to be codified and hereinafter referred to as 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 (S1199)
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:
December 10, 1999
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
________________
DATE EQUAL
EMPLOYMENT ASSISTANT1 On November 9, 1999, revised regulations
governing the EEOC's federal sector complaint process went into effect.
These regulations apply to all Federal sector EEO complaints pending at
any stage in the administrative process. Consequently, the Commission
will apply the revised regulations found at 64 Fed. Reg. 37,644 (1999),
where applicable, in deciding the present appeal. The regulations,
as amended, may also be found at the Commission's website at WWW.EEOC.GOV.