01985034
09-07-1999
Catherine B. Mansfield, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Catherine B. Mansfield v. United States Postal Service
01985034
September 7, 1999
Catherine B. Mansfield, )
Appellant, )
)
v. ) Appeal No. 01985034
) Agency No. 1H331003098
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
______________________________)
DECISION
On June 10, 1998, appellant filed a timely appeal with this Commission
from a final agency decision (FAD), dated May 12, 1998, pertaining to
her complaint of unlawful employment discrimination in violation of Title
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. �2000e et seq.
The Commission accepts appellant's appeal in accordance with EEOC Order
No. 960, as amended.
In her complaint, appellant alleged that she was subjected to
discrimination on the basis of reprisal for prior EEO activity when she
was called into the office and given a discussion for clocking-in 15
minutes early on November 26, 1997.
The agency dismissed appellant's complaint pursuant to EEOC Regulation
29 C.F.R. �1614.107(a), for failure to state a claim. Specifically,
the agency noted that appellant suffered no monetary loss, there was no
discipline issued nor were there any changes in the terms and conditions
of appellant's employment.
On appeal, appellant contends that her supervisor constantly harasses
her about clocking-in too early or too late. Appellant alleges that
she is consistently being singled-out.
Additionally, on appeal, appellant raises several new allegations alleging
that her supervisor is harassing her. Specifically, appellant states that
her supervisor left nasty messages denying her leave requests, and has
improperly charged her AWOL for not reporting to work during a tornado,
and for medical appointments attributed to her work-related stress.
EEOC Regulation 29 C.F.R. �1614.107(a) provides, in relevant part, that
an agency shall dismiss a complaint, or portion thereof, that fails to
state a claim. An agency shall accept a complaint from any 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. Department of the Air Force, EEOC Request
No. 05931049 (April 21, 1994).
This Commission has consistently held that official discussions alone
do not render an employee aggrieved. See Donelan v. USPS, EEOC Request
No. 05970264 (June 25, 1998). Consequently, appellant's complaint
regarding the official discussion was properly dismissed for failure to
state a claim. The agency's final decision is hereby AFFIRMED.
Finally, we note that on appeal, appellant raises new
allegations. Appellant is advised that if she wishes to pursue, through
the EEO process, the additional allegations she raised for the first time
on appeal, she shall initiate contact with an EEO Counselor within 15 days
after she receives this decision. The Commission advises the agency that
if appellant seeks EEO counseling regarding the new allegations within
the above 15-day period, the date appellant filed the appeal statement
in which she raised these allegations with the agency shall be deemed to
be the date of the initial EEO contact, unless she previously contacted
a counselor regarding these matters, in which case the earlier date
would serve as the EEO Counselor contact date. Cf. Alexander J. Qatsha
v. Department of the Navy, EEOC Request No. 05970201 (January 16, 1998).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. In the alternative, you may file a
civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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:
Sept. 7, 1999
____________________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations