U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Hulda W.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency. Appeal No. 0120152930 Agency No. 1G701004315 DECISION Complainant filed a timely appeal with this Commission from the Agency's decision dated August 6, 2015, 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., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq., the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq., and Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), 42 U.S.C. § 2000ff et seq. BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a Mail Processing Clerk (PS-06) at the Agency's New Orleans Processing and Distribution Center facility in New Orleans, Louisiana. Complainant's healthcare coverage necessitated that she submit her benefit payments to the Agency. Under this arrangement, nonpayment would result in a debt owed to the Agency, which it could recover by deducting involuntary payments from Complainant's wages. On July 18, 2015, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of race (African-American), color (light brown), physical disability (foot disfigurement), age (55), genetic information (record of arthritis) and reprisal for prior protected EEO activity under Section 501 of the Rehabilitation Act of 1973 when: 1. On June 16, 2015, she received a letter of "Demand for Indebtedness for Employee - Health Benefits" for $973.20 from RM, the Senior Manager of Distribution Operations; and 2. On July 11, 2015, she received a second letter from RM, entitled "Notice of Involuntary Administrative Offsets Under the Debt Collection Act," indicating that the Agency would debit monies from her pay checks in order to pay for the debt incurred for health benefits. Complainant alleges that the Agency sent the letters to harass her in retaliation for her prior EEO activity. She cites several past complaints, as well as a September 19, 2014 settlement agreement between herself and the Agency from which she was awarded compensatory damages.2 Complainant provided evidence on appeal showing that she paid the Agency the full amount nearly two weeks prior to receiving the first letter concerning her alleged debt. The Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim, arguing that it fell under the purview of the Debt Collection Act, which is outside EEOC jurisdiction. The instant appeal followed. ANALYSIS AND FINDINGS The regulation set forth at 29 CF.R. § 1614.107(a)(1) provides, in relevant part, that an Agency shall dismiss a complaint that fails to state a claim. The Commission has previously held that challenges to an agency's actions under the Debt Collection Act are not within the scope of the EEO complaint process and thus not within the Commission's jurisdiction. See Baughman v. Dep't of the Army, EEOC Appeal No. 01900865 (Feb. 26, 1990). The proper forum for Complainant to challenge the propriety of the debt collection process is through the administrative process of the Debt Collection Act, 31, U.S.C. 3711 et seq. 3 See Complainant v. U.S. Postal Serv., EEOC Appeal No. 0120131004 (October 29, 2013), reconsideration denied, EEOC Request No. 0520140088 (April 15, 2014) Complainant's allegations of discrimination arise from her receipt of two letters concerning an alleged debt to the Agency, which she disputes. Such a complaint is not within scope of the Commission's jurisdiction, and, as such, fails to state a claim. Complainant v. U.S. Postal Serv., EEOC Appeal No. 0120130752 (April 17, 2013) (referencing Amato v. Dep't of the Army, EEOC Request No. 0520070240 (July 18, 2007)). CONCLUSION Accordingly, the Agency's final decision dismissing Complainant's complaint is AFFIRMED. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0815) 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, P.O. Box 77960, Washington, DC 20013. 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 (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. Hadden's signature Carlton M. Hadden, Director Office of Federal Operations January 21, 2016 __________________ Date 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. 2 Agency Nos. 4G700005213, 1G701003714, 1G701002814 (Agency No. 4G700005213 was resolved in the September 19, 2014 settlement agreement; and Agency Nos. 1G701003714, and 1G701002814, are among Complainant's multiple breach of settlement claims concerning the September 19, 2014 agreement.); The Commission addressed these complaints in EEOC Appeal No. 0120151898 (June 18, 2015) and EEOC Appeal No. 0120150964 (EEOC Hearing No. 461201400064X), which is still pending a decision. 3 The Record indicates that Complainant received instructions on how to pursue a claim under the Debt Collection Act in an enclosure accompanying the July 11, 2015 letter. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 2 0120152930 4 0120152930