On January 8, 2014, a U.S. Postal Service maintenance mechanic in Denver, Colorado filed a complaint of discrimination based on race (African American) and reprisal for prior EEO activity when: (1) beginning in the fall of 2013, a coworker repeatedly wore a cap to work with an insignia of a flag with a rattlesnake ready to strike and slogan "Don't Tread on Me," (2) the coworker continued to wear the cap after management had assured Complainant that they would tell the coworker not to, and (3) on September 2, 2013, a coworker photographed him on the work room floor without Complainant's consent. According to the federal sector process, that complaint was filed with the employing agency - the U.S. Postal Service.

“This is a devastating loss for our community. Officer Briese was just getting started in his career in law enforcement, following in his father’s footsteps of service. Officer Briese will be remembered for his selflessness and bravery and our thoughts are with his family and the Gila River Police Department during this time of mourning.”

Governor Katie Hobbs has ordered flags at all state buildings to be lowered to half-staff from sunrise to sunset on Thursday, June 20, 2024 in honor of Scottsdale Police Detective Ryan So, who was killed in the line of duty on June 13, 2024.  Governor Hobbs issued the following statement: "I’m heartbroken by the death of Detective Ryan So. My thoughts are with his family and friends, the Scottsdale Police Department and the entire community as they mourn his passing."Individuals, businesses, and other organizations are encouraged to join in this tribute.

20161014 — In honor and remembrance of St. Olaf College graduate Army Staff Sgt. Adam Thomas '07, Governor Mark Dayton has ordered U.S. flags and ...

“I am devastated by the senseless loss of Officer Coolidge. My heart is with his family, the Phoenix Police Department and the entire law enforcement community during this incredibly difficult time. Officer Coolidge’s bravery, dedication and selflessness will never be forgotten. I am proud to honor his service to his community and the sacrifice he made to keep Phoenix safe.”

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Under the regulations set forth at 29 C.F.R. Part 1614, a federal agency must 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, 1614.106(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).  With regard to complaints alleging actions that may amount to unlawful harassment, the Commission has long held that a complaint is subject to dismissal for failure to state a claim only where "it appears beyond doubt that the complainant can prove no set of facts in support of the claim that would entitle the complainant to relief," i.e., even if the allegations are taken as true, they do not state a claim upon which relief may be granted.  Cobb v. Dep't of the Treasury, EEOC Request No. 05970077 (Mar. 13, 1997).

Without the benefit of an investigation, it is impossible to state that this complainant cannot possibly prove a set of facts to support his claim. The Commission accordingly determined that complainant's allegations are sufficient to state a claim. The U.S Postal Service will now undertake to make a determination on the merits of the complaint following an investigation.

The agency requested the EEOC Office of Federal Operations to reconsider its previous decision. The legal standard for granting such a request is whether the previous decision involved a clearly erroneous interpretation of material fact or law.  The U.S. Postal Service argued that the previous decision clearly erred because the Gadsden Flag and its slogan do not have any racial connotations.

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Some outlets have erroneously reported that the complainant is employed by a private-sector employer.  The complainant is employed by the U.S. Postal Service, a federal agency.

Sep 12, 2024 — Tunisia: Four arrested for mistakenly raising Turkish flag on public building ... Four people have been arrested in Tunisia for mistakenly raising ...

Some outlets have erroneously reported that EEOC proceedings are conducted in secret, and that EEOC decisions are not made public.  Under the federal-sector EEO complaint process (found at 29 CFR Part 1614), the investigative portion of the proceedings is confidential, up to and including the decision of an EEOC Administrative Judge (AJ) and a Final Agency Decision.

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On January 29, 2014, the U.S. Postal Service dismissed the complaint for failure to state a cognizable claim of discrimination. On June 20, 2014, the EEOC Office of Federal Operations reversed the agency's dismissal, determining that Complainant had raised a cognizable claim of harassment, and ordered the agency to investigate the claim. Complainant v. U.S. Postal Service, EEOC Appeal No. 0120141334 (June 20, 2014).

2022512 — INDIANAPOLIS – Governor Eric J. Holcomb is directing flags in the State of Indiana to be flown at half-staff in remembrance of the one million ...

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Governor Katie Hobbs ordered flags at all state buildings be lowered to half-staff on Wednesday, September 11, 2024, in remembrance of the nearly 3,000 innocent men and women who lost their lives in the terrorist attacks of September 11, 2001.

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Governor Katie Hobbs has ordered all state flags be lowered to half-staff on Wednesday, Sept. 18, 2024, in honor of Phoenix Police Officer Zane Coolidge’s interment. Officer Coolidge passed away on Sept. 6 after being shot in the line of duty on Sept. 3. The five-year veteran of the department leaves behind a wife and daughter.

Hobbs issued the following statement: “Today we’re remembering the 2,977 people we lost on 9/11. We honor each of them today, and our thoughts are with their families and communities. On this somber day, let’s reflect on what unites as Americans.”

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The Commission noted that, while the Gadsden Flag originated in a non-racial context, it has since been "interpreted to convey racially-tinged messages in some contexts," including its use by persons associated with white-supremacist groups who used the flag to drape the bodies of two police officers they had just murdered, and its display at a Connecticut fire house that was met with protests by African-American firefighters, ultimately resulting in the flag's removal.  Importantly, the Commission did not find that the Gadsden Flag in fact is a racist symbol.  Rather, the Commission found only that the complaint met the legal standard to state a claim under Title VII, and therefore should have been investigated by the agency rather than dismissed.

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If either party appeals from an AJ Decision or a Final Agency Decision, an appellate decision is issued by the Commission. Appellate decisions are a matter of public record and are available on the Commission's website at www.eeoc.gov/federal/decisions.cfm. The Commission uses an alias when it publishes federal sector decisions to protect the privacy of the Complainant.

Upon review, the EEOC Office of Federal Operations determined that the agency did not meet its legal burden of demonstrating clear error. The EEOC decision sent the matter back to the U.S. Postal Service to investigate the allegations. In doing so, EEOC emphasized in its decision, "we are not prejudging the merits of Complainant's complaint. Instead, we are precluding a procedural dismissal that would deprive us of evidence that would illuminate the meaning conveyed by . . . the display of the symbol."

"Today we honor the memory of the Granite Mountain Hotshots, 19 men who dedicated their lives to public service and public safety. They died protecting others from the Yarnell Hill Fire 11 years ago. We are deeply moved by their service to Arizona, and we will ensure their legacy lives on.”

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Governor Katie Hobbs has ordered flags at all state buildings to be lowered to half-staff from sunrise to sunset on Saturday, June 8, 2024 in honor of Gila River Police Officer Joshua Briese, who was killed in the line of duty on June 1, 2024.

Governor Katie Hobbs ordered flags at all state buildings be lowered to half-staff from sunrise to sunset Sunday, June 30, 2024, in honor of the 19 Granite Mountain Hotshots who lost their lives protecting fellow Arizonans from the Yarnell Hill Fire in 2013. The Governor released the following statement:

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2024108 — Flags are flying at half-staff in Minnesota and at national parks across the country for a Voyageurs National Park ranger who died trying to ...