Bruce E. Williams, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 6, 2002
01A20299_r (E.E.O.C. Feb. 6, 2002)

01A20299_r

02-06-2002

Bruce E. Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Bruce E. Williams v. United States Postal Service

01A20299

February 6, 2002

.

Bruce E. Williams,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A20299

Agency No. 1-D-271-0023-01

DECISION

Upon review, the Commission finds that complainant's complaint was

properly dismissed for failure to state a claim, pursuant to 29 C.F.R. �

1614.107(a)(1). In his complaint, complainant claimed that he was

discriminated against on the bases of race (Black), color (light skin),

sex (male), age (D.O.B. January 16, 1957), disability (disabled veteran)

and in retaliation for prior EEO activity when:

On March 17, 2001, the Supervisor (female) was trying to tell complainant

how to fix the Robot, and, when complainant ignored the Supervisor's

harassment, the Supervisor called the Manager, Maintenance Operations;

On March 20, 2001, the Supervisor harassed complainant by calling him

several profanity laced names;

On March 21, 2001, the Supervisor pointed complainant out to the Senior

Plant Manager and stated, �There he is;� and

On April 5, 2001, the Supervisor called the Manager, Maintenance

Operations and indicated that complainant was harassing her by singing

a song that was directed towards her in a disrespectful way.

The Commission has repeatedly found that claims of a few isolated

incidents of harassment usually are not sufficient to state a

harassment claim. Complainant's claims, even if proven to be true, do

not indicate that complainant has been subjected to harassment that

was sufficiently severe or pervasive to alter the conditions of his

employment. Additionally, there is no evidence that disciplinary action

was taken against complainant. Therefore, the agency's final decision

dismissing complainant's complaint is AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

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 19848,

Washington, D.C. 20036. 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 (S0900)

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 (Z1199)

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 that the Court appoint

an attorney to represent you and that the Court 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 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

February 6, 2002

__________________

Date