EEOC Appeal 2020001889

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Michel S.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Northeast Area),
Agency.
Appeal No. 2020001889
Agency No. 1B-121-0030-19
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or
Commission) from an Agency final decision, dated November 25, 2019, dismissing a 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. The Commission accepts
the appeal in accordance with 29 C.F.R. § 1614.405.
BACKGROUND
During the relevant time, Complainant worked as a Registry Clerk for the Agency in Syracuse,
New York.
On October 24, 2019, Complainant filed a formal complaint alleging that the Agency subjected
him to discrimination based on disability when:
1. On or about June 4, 2019 and June 14, 2019, management came into
Complainant’s work area and timed his work performance. In addition,
management accused him of not following the Standard Operating
Procedure for retrieving registered mail from the dock area.
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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2. On or about July 11, 2019, Complainant was given an Investigative
Interview.
3. On July 11, 2019, Complainant’s request for a union steward was not
granted.
On November 25, 20192, the Agency dismissed the formal complaint for failure to state a claim.
Acknowledging that Complainant “may have felt slighted by management’s actions”, the Agency
went on to conclude that the alleged events did not render Complainant an “aggrieved” employee.
Complainant filed the instant appeal.
ANALYSIS AND FINDINGS
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.
Dep’t of the Air Force, EEOC Request No. 05931049 (Apr. 21, 1994).
Here Complainant alleges that on two occasions management observed his work, timed him, and
asked that he speed up. Additionally, he was told that he was not following standard procedure
when getting mail from the dock area. Weeks later, he was given an Investigative Interview.
Complainant has not alleged that any adverse action resulted from these incidents. Therefore, we
agree with the Agency that Complainant was not rendered an “aggrieved” employee. With respect
to the purported denial of a union representative, this is an issue covered by the collective
bargaining agreement and outside of the Commission’s jurisdiction.
CONCLUSION
Accordingly, the Agency’s final decision dismissing the formal complaint is AFFIRMED.
2 After Complainant’s attorney alerted the Agency that a footnote in the decision referenced facts
that did not apply to Complainant, the Agency issued a revised decision on January 9, 2020
correcting the “typographical error in footnote”.

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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
May 8, 2020
Date