EEOC Case: Complaint Over Arranging Transportation to a Happy Hour in Baghdad

Posted: 12:35 am ET
[twitter-follow screen_name=’Diplopundit’ ]

Via eeoc.gov

DECISION | Complainant filed a timely appeal with this Commission from the Agency’s decision dated January 21, 2014, 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.  Upon review, the Commission finds that Complainant’s complaint was properly dismissed pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim.

BACKGROUND

At the time of events giving rise to this complaint, Complainant worked as a Foreign Services Officer at the  U. S. Embassy  in Baghdad, Iraq.

On December 20, 2013, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the basis of sex (female) when she received an email from an official outside her chain of command requesting that she arrange his transportation to a happy hour.

Information in the record shows that the  email  stated “[Complainant], since you are such an expert could you put in a request for a vehicle.”   Both Complainant and  the involved official had been invited by the Australian  Embassy to go to the event, and the official’s office and Complainant’s office  had worked together in the past. The official said that Complainant had offered to arrange transportation to a meeting in the past. When the official learned that Complainant was upset by his email, he apologized.

Analysis and Findings

Under the regulations set forth at 29 C.F.R. Part 1614, an agency shall accept a complaint from an 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 (April 21, 1994).  If complainant cannot establish that s/he is aggrieved, the agency shall dismiss a complaint for failure to state a claim.  29 C.F.R. § 1614.107(a)(1).

The Commission has held that where, as here, a complaint does not challenge an agency action or inaction regarding a specific term, condition, or privilege of employment, the claim of harassment may survive if it alleges conduct that is sufficiently severe or pervasive to alter the conditions of the complainant’s employment.  See Harris v. Forklift Systems, Inc., 510 U.S. 17, 23 (1993). We find that Complainant’s allegations, involving a one-time isolated email,  are insufficient to state a claim of a hostile work environment.

The Commission finds that the complaint fails to state a claim under the EEOC regulations because Complainant failed to show that she suffered harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy.  See Diaz v. Dep’t of the Air Force, EEOC Request No. 05931049 (April 21, 1994).

Accordingly, the Agency’s final decision dismissing Complainant’s complaint is AFFIRMED.

The text of the entire decision is available to read here.

 

#

 

 

Advertisements

USG Invokes Sovereign Immunity in Ex-Local Embassy Guard Case in Ireland

Posted: 12:30 am ET
[twitter-follow screen_name=’Diplopundit’ ]

Via The Irish Times:

A former US embassy security guard has been told he cannot take an employment appeals case over his dismissal as his former employer, the US government, has diplomatic immunity in Ireland.

John Greene had argued that he was unfairly dismissed from the security guard role in September 2013 following an investigation into what his superiors termed a “security breach” at the embassy in Ballsbridge, Dublin.
[…]
In hearings that touched on several Supreme Court rulings, as well as the European Convention on Human Rights, counsel for the US government successfully argued that sovereign immunity applies due to the important nature of Mr Greene’s duties.

Related posts:

 

 

#

 

 

Manhattan DA Wants Diplomatic Immunity For UN German Diplomat Revoked

Posted: 12:25 am ET
[twitter-follow screen_name=’Diplopundit’ ]

 

A diplomat from the Permanent Mission of Germany to the United Nations in New York is accused of punching his wife but is shielded from arrest by diplomatic immunity according to media reports. NYPost says that Manhattan District Attorney Cyrus Vance Jr. wants the diplomatic immunity revoked for the German diplomat.  State Department representatives have reportedly declined to discus the specifics of the case, except to say that the agency is “aware and concerned” of the incident — and that if Germany declines to waive immunity, they can require that the diplomat leave the US. See more below:

Via NYPost:

An NYPD spokesperson said that there is no situation in which it is acceptable for an officer to apprehend someone with diplomatic immunity.

The mayor’s office has urged her to go to a shelter for domestic violence victims, said Johnson, who is resistant of the idea.

“Other than a shelter, I don’t have any other options and I’m not willing to go to a shelter,” she said. “I don’t think I’m made for that stuff. All my life, my husband has been providing for me. He has been keeping me secure. So I don’t really know the world outside.”

Johnson, a native of Pakistan who does not work, met Haubrichs in her homeland when he was working in the German embassy there.
[…]

But she still loves her man and doesn’t want any consequences to rain down on him.  “I’m concerned for him. I don’t want him to lose his job or his title,” Johnson said. “I do want to have a respected life — of course, nothing like this — but I love him very much, I don’t want to compromise his career or position.”
[…]
“He’s a very caring person. It’s just sometimes the anger gets out of hand and things happen,” she said.

#

 

 

Snapshot: State Department Workforce Composition By Employment Category – 2016

Posted: 12:13 am ET
[twitter-follow screen_name=’Diplopundit’ ]

Via state.gov:

The State Department says that it employs a workforce of over 80,000 employees. The figure below shows the composition of the 2016 workforce by employment category. Total number of agency employees excluding contractors: 74,721 (FS: 13,948 includes Generalist – 8,196; Specialist – 5,752; Civil Service at 11,037) and Locally Employed Staff at 49,736 (includes Foreign Service Nationals (FSNs)and Personal Services Agreements/Contracts). We have not been able to locate a good number for contractors.

In April 2016, there were 11,861 adult family members overseas, of which 29% or 3,436 FS family members were employed by the USG at missions overseas.

via state.gov

via state.gov

 

#