0120170834
04-11-2017
Bertram K,1 Complainant, v. Rex W. Tillerson, Acting Secretary, Department of State, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Bertram K,1
Complainant,
v.
Rex W. Tillerson,
Acting Secretary,
Department of State,
Agency.
Appeal No. 0120170834
Agency No. DOS-0400-16
DECISION
Complainant filed a timely appeal with this Commission from the Agency's final decision dated November 28, 2016, dismissing a 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.
BACKGROUND
During the period at issue, Complainant worked for the Agency in Washington, D.C.
On November 7, 2016, Complainant filed a formal complaint alleging that the Agency subjected him to unlawful retaliation for engaging in prior protected EEO activity when, in August 2016, Complainant was pressured by Agency management to look for another job.
Complainant stated that a work colleague informed Complainant that the colleague intended to travel to Europe in order to meet a potential wife. According to Complainant, his colleague stated that the trip would be arranged by a private company which, for a fee, would introduce him to women and then pay for a woman's flight to the United States in order to be married. Complainant attempted to persuade his colleague not to take the trip which Complainant believed could constitute human trafficking and forced prostitution. Complainant further contends that his colleague informed Agency officials about the substance of his conversations with Complainant. Thereafter according to Complainant, and as a result of his conversations with his colleague, Agency management officials advised him to look for a new job. Complainant sought and secured other employment in late August 2016.
The Agency dismissed the formal complaint for failure to state a claim, concluding that Complainant had not alleged that he had engaged in prior protected EEO activity or opposed discriminatory employment policies or practices. Consequently, the Agency dismissed the matter in accordance with EEOC Regulation 29 C.F.R. � 1614.107(a)(1).
This appeal followed.
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R. � 1614.101(b) provides that no person shall be subject to retaliation for opposing any practice made unlawful by Title VII, the Age Discrimination in Employment Act, the Equal Pay Act, or the Rehabilitation Act, or for participating in any stage of administrative or judicial proceedings under those statutes. In order to establish unlawful retaliation based on prior oppositional activity, Complainant must initially be able to show that he opposed employment practices which he reasonably and in good faith believed violated the anti-discrimination statutes.
The sole basis raised in the instant formal complaint is reprisal. Complainant has not alleged, and the record does not indicate, that he was retaliated against for opposing an employment policy or practice which he reasonably believed violated Title VII. Rather, a review of the formal complaint and the EEO Counselor's Report reflect that Complainant determined that the reprisal stems from his opposing his colleague's personal decision to seek a wife through the method discussed. Such a claim does not constitute prior EEO activity and therefore, cannot be a basis for a reprisal complaint adjudicated through the 29 C.F.R. Part 1614 complaint process.
Upon review, we find the Agency properly dismissed the instant complaint for failure to state a claim pursuant to EEOC Regulation 29 C.F.R. � 1614.107(a)(1).
CONCLUSION
Accordingly, the Agency's final decision dismissing the formal complaint is AFFIRMED for the reasons set forth herein.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)
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. The requests 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 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
April 11, 2017
__________________
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.
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