0120090489
03-17-2009
Alisa B. Lee, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Alisa B. Lee,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120090489
Agency No. 4J606010808
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated September 24, 2008, 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.
In a complaint dated September 6, 2008, complainant alleged that she was
subjected to discrimination on the bases of race (African American),
sex (female), color (Light Brown), and reprisal for prior protected
EEO activity under Title VII in that ongoing since on or about November
2006, she has been subjected to hostile work environment harassment and
sexually harassed. Complainant specifically alleged that: 1) on April 2,
2008, she was not allowed to come into her supervisor's office yet others
are allowed to do so; 2) on April 16, 2008, her supervisor came into the
break area to wash his bowl while she was on lunch; 3) on April 22, 2008,
a maintenance worker was advised to stop talking to her; 4) on April 23,
2008, her supervisor shook his head as he walked passed her; 5) on May
7, 2008, her supervisor touched complainant's hand while auditing her
drawer; 6) on unspecified dates, her supervisor touched complainant's hand
while passing her money for her cash drawer; 7) on unspecified dates,
her supervisor told her to go to the vault to get change instead of
bringing the change to complainant; 8) in April 2008, the Area Manager
never contacted her after complainant reported that she was not allowed
in the supervisor's office; 9) to date, she has not received a phone
call from the manager in regards to complainant's message of June 12,
2008 to call her; 10) on June 12, 2008, her supervisor told her a
customer could mail an item with two different return addresses; 11)
on July 7. 2008, her supervisor came into the breakroom while she was
on break; 12) on July 9, 2008, her supervisor came into the breakroom
while she was standing outside of the breakroom; 13) on July 16, 2008,
her supervisor told her that he did not remember an issue regarding
customers writing their drivers license numbers on their check; 14) on
July 21, 2008, her supervisor waved her away while he was eating lunch
when she went to ask him a question; 15) on July 22, 2008, her supervisor
ignored complainant when she went to ask him a question; 16) on or about
July 31, 2008, her supervisor refused to answer questions relating to
complainant's job and threatened to put her out of the building; 17)
on July 31. 2008, her supervisor didn't come from around where he was
standing when she called him to answer a question; 18) on August 21,
2008, she was not given a computer generated 3971, which made it look as
if complainant did not call in; and 19) in August 2008, her supervisor
asked a customer if he wanted to file a complaint against her.
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. Department of the Air Force,
EEOC Request No. 05931049 (April 21, 1994). Specifically, the record
shows that the actions complained of are neither sufficiently severe nor
pervasive to create a hostile working environment based on complainant's
protected bases. Accordingly, the agency's final decision dismissing
complainant's complaint is affirmed.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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), 9-18 (November 9, 1999). 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 (S0408)
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 (Z1008)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request from the Court that
the Court appoint an attorney to represent you and that the Court also
permit you to file the action without payment of fees, costs, or other
security. See Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended,
29 U.S.C. �� 791, 794(c). The grant or denial of the request is within
the sole discretion of the Court. Filing a request for an attorney with
the Court does not extend your time in which to file a civil action.
Both the request and the civil action must be filed within the time
limits as stated in the paragraph above ("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
March 17, 2009
__________________
Date
2
0120090489
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0120090489