U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Sierra P,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Headquarters), Agency. Appeal No. 0120180079 Agency No. 66-000-0018-17 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's final decision dated September 5, 2017, dismissing her formal 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. and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq. BACKGROUND During the period at issue, Complainant worked as a Police Officer at the Agency's US Postal Inspection Service, Washington Division facility in Washington, D.C. On August 21, 2018, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of race, sex, color, age, and in reprisal for prior-protected EEO activity. In the instant final decision dated September 5, 2017, the Agency defined the claims as follows: 1) On April 10, 2017, Complainant told management about being harassed by a co-worker in reference to a missing battery charger and nothing was done; 2) On April 11, 2017, Complainant's supervisor kept her purse from her for six hours and cursed at her; 3) On April 16, 2017, management tried to get Complainant's co-workers to write statements about her; 4) On April 16, April 17, and April 20, 2017, management harassed Complainant about missing keys; and 5) On April 20, 2017, Complainant told management that she was being harassed concerning her purse and the missing keys, and nothing was done. The Agency dismissed Claim (1), pursuant to 29 C.F.R. § 1614.107(a)(2), finding that this claim was not timely raised with an EEO Counselor and because it was not like or related to those matters that she had initially brought to the attention of the EEO Counselor during her initial contact on May10, 2017. The Agency dismissed Claims (2), (3), (4) and (5) for failure to state a claim under 29 C.F.R. § 1614.107(a)(1). On appeal and through her counsel, Complainant contends that she raised eleven claims that the Agency mischaracterized and undermined in its final decision. Moreover, Complainant maintains that Claim (1) was timely raised with an EEO Counselor because the Agency should have considered it within the context of her other claims as part of an ongoing pattern of harassment. Additionally, Complainant asserts that the Agency's dismissal failed to properly consider her valid reprisal-based claims. ANALYSIS AND FINDINGS As a preliminary matter, we find that the Agency properly determined that the instant formal complaint was comprised of the five claims identified above, and that the Agency had not mischaracterized those claims. Claims (2) - (5) A claim of harassment is actionable if the harassment was sufficiently severe or pervasive to alter the conditions of a complainant's employment. Claims should not be dismissed for failure to state a claim unless it appears beyond doubt that a complainant cannot prove a set of facts in support of the claim which would entitle her relief. A trier of fact must consider all of the alleged harassing incidents and remarks, together in the light most favorable to a complainant, in order to determine whether they are sufficient to state a claim. See Cobb v. Dep't of the Treasury, EEOC Request No. 05970077 (Mar. 13, 1997). In the present case, Complainant alleged that, over a span of ten days within April 2017, her coworkers and her supervisors repeatedly accused her of losing Agency property, including a battery charger, keys to a government vehicle and her Postal Police credentials. Complainant asserted further that Agency management wrongfully withheld her purse after local police had recovered it. According to Complainant, her supervisor had cursed at her and then Agency leadership ignored her reports against her supervision. Complainant alleged that the above-mentioned actions were taken in reprisal for her prior-protected EEO activity. Taking her allegations together and in the most favorable light, Complainant has stated a cognizable claim of harassment. See Estate of Routson v. Nat'l Aeronautics and Space Admin., EEOC Request No. 05970388 (Feb. 26, 1999). Upon close examination of total record, we find these matters require further Agency investigation and adjudication. Claim (1) Even if this matter were not timely raised with an EEO Counselor, we agree with Complainant's appellate assertion that it should be viewed in the context of a larger harassment claim, including the timely raised claims discussed above. Moreover, we find that it addresses a matter which is indeed like or related to the remaining claims. CONCLUSION Accordingly, the Agency's final decision dismissing the formal complaint on various dismissal grounds is REVERSED. We REMAND this matter, herein defined as a harassment claim, to the Agency for further processing in accordance with the ORDER below. ORDER (E1016) The Agency is ordered to process the remanded claims in accordance with 29 C.F.R. § 1614.108. The Agency shall acknowledge to Complainant that it has received the remanded claims within thirty (30) calendar days of the date this decision was issued. The Agency shall issue to Complainant a copy of the investigative file and also shall notify Complainant of the appropriate rights within one hundred fifty (150) calendar days of the date this decision was issued, unless the matter is otherwise resolved prior to that time. If Complainant requests a final decision without a hearing, the Agency shall issue a final decision within sixty (60) days of receipt of Complainant's request. A copy of the Agency's letter of acknowledgment to Complainant and a copy of the notice that transmits the investigative file and notice of rights must be sent to the Compliance Officer as referenced below. IMPLEMENTATION OF THE COMMISSION'S DECISION (K0617) Compliance with the Commission's corrective action is mandatory. The Agency shall submit its compliance report within thirty (30) calendar days of the completion of all ordered corrective action. The report shall be in the digital format required by the Commission, and submitted via the Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). The Agency's report must contain supporting documentation, and the Agency must send a copy of all submissions to Complainant. If the Agency does not comply with the Commission's order, Complainant may petition the Commission for enforcement of the order. 29 C.F.R. § 1614.503(a). Complainant also has the right to file a civil action to enforce compliance with the Commission's order prior to or following an administrative petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g). Alternatively, Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled "Right to File a Civil Action." 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. § 1614.409. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0617) The Commission may, in its discretion, reconsider the decision in this case if 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 (R0610) This is a decision requiring the Agency to continue its administrative processing of your complaint. However, if you wish to file a civil action, you have the right to file such action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. In the alternative, you may file a civil action after one hundred and eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your appeal with the Commission. 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. 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 4, 2018 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 0120190079