01a55980
02-24-2006
Danielle A. King,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A55980
Agency No. 4B028000505
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's August 15, 2005 final decision in the
above-entitled matter. Complainant alleged that the agency discriminated
against her on the basis of race (Native American) when: (1) from
September 21 to October 23, 2004, she was subjected to a hostile work
environment, and (2) she was removed from employment as a Rural Carrier
Associate, during her probationary period, for failure to be regular in
attendance.
The record indicates that complainant began her employment with the agency
on August 21, 2004, in the post office in Charlestown, Rhode Island.
By letter dated April 6, 2004, the Postmaster terminated her employment,
during her probationary period, for "failure to be regular in attendance."
The Postmaster noted that in October 2004, complainant was absent for
several days because her van did not work. She also requested Wednesdays
off for day care issues, a request which the Postmaster granted. However,
on October 26, 2004, complainant called in sick and never returned to
work. In March 2005, the Postmaster sent complainant a letter requiring
her to submit medical documentation to justify her extended absence or
face possible termination. Complainant never submitted the requested
documentation and was terminated by letter dated April 6, 2004.
Between September 21 to October 23, 2004, complainant alleged she was
subjected to a series of comments made by several coworkers and the
Postmaster which she believed subjected her to a hostile work environment
because she was Native American. Specifically, complainant asserted she
was subjected to: remarks about her limited financial means; comments
about her receipt of food stamps; negative comments about several of
her t-shirts; being followed to the restroom; being stared at and having
words mouthed in her direction; the Postmaster and a coworker jokingly
discussing having a "good old-fashioned lynching"; and a coworker comment
to another about there "being too many Chiefs and not enough Indians."
The Postmaster denied any involvement in these alleged activities, and
said she spoke with the coworkers when complainant complained to her,
who also denied all but making the "too many Chiefs and not enough
Indians remarks. The Postmaster said one coworker admitted to making
this remark in reference to her belief that the union was too top-heavy,
but said that it was not directed in any way at complainant.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's final decision
because the preponderance of the evidence of record does not establish
that discrimination occurred. Complainant failed to establish that the
actions she alleged rose to the level of a hostile work environment or
that the agency's actions were based upon discriminatory motives.
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 24, 2006
__________________
Date
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01A55980
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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01A55980