Christi L. Ricker, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionDec 4, 2000
01A04231 (E.E.O.C. Dec. 4, 2000)

01A04231

12-04-2000

Christi L. Ricker, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Christi L. Ricker v. United States Postal Service

01A04231

December 4, 2000

.

Christi L. Ricker,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A04231

Agency No. 1-G-701-0120-99

DECISION

On May 18, 2000, complainant filed a timely appeal with this Commission

from an agency decision pertaining to 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. and Section 501 of the

Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. �

791 et seq.<1> The Commission accepts the appeal in accordance with 29

C.F.R. � 1614.405.

Complainant contacted the EEO office regarding claims of discriminatory

harassment. Informal efforts to resolve complainant's concerns were

unsuccessful. On March 10, 2000, complainant filed a formal complaint

based on race, color, sex, disability, and retaliation. The agency

framed the claims as follows:

On August 3, 1999, complainant's delivery office was contacted by

personnel regarding her mail delivery, and as she was walking down the

street near her home the letter carrier pulled over and had complainant

sign for a piece of certified mail.

On April 25, 2000, the agency issued a decision dismissing the complaint

for failure to state a claim. The agency determined that there was

no evidence indicating how the inquiry regarding complainant's mail

delivery or a letter carrier having complainant sign for a certified

letter, caused complainant harm.

On appeal, complainant argues that the alleged incidents were harassment

which caused her great stress, anxiety and depression. Further, she

contends that the agency's actions �violate the sanctity of my mail�

and her privacy.

The regulation set forth at 29 C.F.R. � 1614.107(a)(1) provides, in

relevant part, that an agency shall dismiss a complaint 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,

.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).

Complainant contends she was discriminated against when management

inquired about her mail and when a carrier pulled over to have her

sign for a certified letter. Based on a review of the record, we find

that complainant has failed to show how the alleged events caused her a

personal harm or loss regarding a term, condition, or privilege of her

employment. Moreover, we do not find the incidents to be sufficiently

severe or pervasive to state a claim of discriminatory harassment.

See Cobb v. Department of the Treasury, EEOC Request No. 05970077 (March

13, 1997). Accordingly, the agency's decision to dismiss the complaint

for failure to state a claim was proper and is hereby AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0900)

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

December 4, 2000

__________________

Date

1On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply to all

federal sector EEO complaints pending at any stage in the administrative

process. Consequently, the Commission will apply the revised regulations

found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.