01a03624
09-26-2000
Clifton J. Gossett v. United States Postal Service 01A03624 September 26, 2000 . Clifton J. Gossett, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Clifton J. Gossett v. United States Postal Service
01A03624
September 26, 2000
.
Clifton J. Gossett,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A03624
Agency No. 1-G-781-0039-00
DECISION
Upon review, the Commission finds that the agency's decision dated March
22, 2000, dismissing complainant's complaint for failure to state a claim
and/or as moot is improper pursuant to 29 C.F.R. �� 1614.107(a)(1) and
1614.107(a)(5).<1> Initially, the Commission finds that the agency, in
its decision, misdefined complainant's claim of the complaint as whether
he was discriminated against based on sex (male) when on January 24,
2000, he returned to work and found his office door partially blocked.
The agency stated that the complaint failed to state a claim since
complainant failed to demonstrate how he was harmed.
After a review of the formal complaint, including the EEO Counselor's
Report and the Information for Precomplaint Counseling form, the
Commission finds that complainant was alleging that he was discriminated
against based on sex (male) when he was subjected to harassment and a
hostile work environment. Specifically, complainant alleged that on
January 24, 2000, after his return to work from leave, he found that his
office door was partially blocked by his manager's secretary's bookcase,
which he removed in order to open his office door. Complainant indicated
that after he came back from his daily rounds, the bookcase was moved
back blocking his door way. Complainant stated that when he asked the
secretary, she refused to remove the bookcase, he became frustrated and
took leave for the day. Complainant indicated that he had been subjected
to this kind of harassment from the secretary for 3 years and management
was notified of the problem but did nothing to correct such. Based on
the foregoing, the Commission finds that complainant was aggrieved with
regard to a term, condition, or privilege of employment as a result of the
alleged harassment and hostile work environment. See Diaz v. Department
of the Air Force, EEOC Request No. 05931049 (April 21, 1994).
The agency also stated that the complaint was moot since complainant's
manager, thereafter, instructed his secretary to move the bookcase away
from complainant's door way. However, the Commission finds that the
alleged matter is not rendered moot since complainant claims, on appeal,
that he is continuously subjected to harassment and a hostile work
environment from the secretary and management takes no action to correct
the problem. See County of Los Angeles v. Davis, 440 U.S. 625 (1979).
Accordingly, the agency's decision dismissing the complaint is hereby
REVERSED. The complaint is REMANDED for further processing in accordance
with the Order below.
ORDER
The agency is ORDERED to take the following actions:
The agency, within fifteen (15) calendar days of the date this decision
becomes final, shall issue a notice of processing to complainant setting
forth the claim to be processed as clarified herein as follows:
Whether complainant was subjected to discrimination based on sex (male)
when he was subjected to harassment and a hostile work environment in
that on January 24, 2000, his manager's secretary refused to remove her
bookcase which partially blocked his office door causing him to take
leave for the day. Complainant also alleged that he had been subjected
to harassment and a hostile work environment from that secretary for
3 years and management was notified of the problem but did nothing.
The agency shall thereafter process the complaint in accordance with 29
C.F.R. � 1614.108.
A copy of the agency's notice of processing must be sent to the Compliance
Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0800)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement of
the order. 29 C.F.R. � 1614.503(a). The complainant also has the right
to file a civil action to enforce compliance with the Commission's order
prior to or following an administrative petition for enforcement. See 29
C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively,
the complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action for
enforcement or a civil action on the underlying complaint is subject to
the deadline stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the
complainant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. � 1614.409.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0800)
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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION
(R0400)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court WITHIN NINETY (90) CALENDAR DAYS from the date
that you receive this decision. 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 (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
September 26, 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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.