Dennis H. Geoghagan, Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Southeast Area), Agency.

Equal Employment Opportunity CommissionMar 21, 2012
0120112327 (E.E.O.C. Mar. 21, 2012)

0120112327

03-21-2012

Dennis H. Geoghagan, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southeast Area), Agency.




Dennis H. Geoghagan,

Complainant,

v.

Patrick R. Donahoe,

Postmaster General,

United States Postal Service

(Southeast Area),

Agency.

Appeal No. 0120112327

Agency No. 4H-320-0077-10

DECISION

On March 30, 2011, Complainant filed an appeal from the Agency’s March

9, 2011, final decision concerning his equal employment opportunity (EEO)

complaint alleging 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. For the following reasons, the Commission AFFIRMS the

Agency’s final decision.

BACKGROUND

At the time of events giving rise to this complaint, Complainant worked

as a Postmaster at the Agency’s facility in Port St. Joe, Florida.

On October 4, 2010, Complainant filed an EEO complaint alleging that

the Agency discriminated against him on the bases of his race (Native

American), sex (male), and in reprisal for prior protected EEO activity

when since June 16, 2010, he has been subjected to a hostile work

environment with respect to staffing and overtime matters.

At the conclusion of the investigation, the Agency provided Complainant

with a copy of the report of investigation and notice of his right to

request a hearing before an EEOC Administrative Judge (AJ). In accordance

with Complainant’s request, the Agency issued a final decision pursuant

to 29 C.F.R. § 1614.110(b). The decision concluded that Complainant

failed to prove that the Agency subjected him to discrimination as

alleged. On appeal, Complainant reiterates his contention that he was

subjected to harassment and alleges that the Agency made numerous factual

errors with respect to the job titles of various management officials.

ANALYSIS AND FINDINGS

As this is an appeal from a decision issued without a hearing, pursuant

to 29 C.F.R. § 1614.110(b), the Agency's decision is subject to de

novo review by the Commission. 29 C.F.R. § 1614.405(a). See Equal

Employment Opportunity Management Directive for 29 C.F.R. Part 1614,

at Chapter 9, § VI.A. (November 9, 1999) (explaining that the de novo

standard of review “requires that the Commission examine the record

without regard to the factual and legal determinations of the previous

decision maker,” and that EEOC “review the documents, statements,

and testimony of record, including any timely and relevant submissions

of the parties, and . . . issue its decision based on the Commission’s

own assessment of the record and its interpretation of the law”).

Harassment of an employee that would not occur but for the employee’s

race, color, sex, national origin, age, disability, or religion

is unlawful, if it is sufficiently severe or pervasive. Wibstad

v. United States Postal Service, EEOC Appeal No. 01972699 (August 14,

1998); Cobb v. Department of the Treasury, EEOC Request No. 05970077

(March 13, 1997). A single incident or group of isolated incidents

will generally not be regarded as discriminatory harassment unless

the conduct is severe. Walker v. Ford Motor Co., 684 F.2d 1355, 1358

(11th Cir. 1982). Whether the harassment is sufficiently severe to

trigger a violation of the anti-discrimination laws must be determined

by looking at all of the circumstances, including the frequency of

the discriminatory conduct, its severity, whether it is physically

threatening or humiliating, or a mere offensive utterance, and whether it

unreasonably interferes with an employee’s work performance. Harris

v. Forklift Systems, Inc., 510 U.S. 17, 23 (1993); Enforcement

Guidance on Harris v. Forklift Systems, Inc., EEOC Notice No. 915.002

(March 8, 1994) at 3, 6. The harassers’ conduct should be evaluated

from the objective viewpoint of a reasonable person in the victim's

circumstances. Enforcement Guidance on Harris v. Forklift Systems, Inc.,

EEOC Notice No. 915.002 (March 8, 1994).

Here, Complainant alleges that the Manager, Post Office Operations (M1)

attacked his integrity in email correspondence, inquired about reducing

the staffing at his facility, did not respond to his inquiries in a timely

manner, and refused him permission to borrow staff from another facility.

We find that even assuming the Agency’s actions occurred as alleged,

they amount to no more than the ordinary workplace tribulations and do

not rise to the level of actionable harassment. Additionally, we note

that in his affidavit, when asked why he believed M1 had subjected him

to unlawful discrimination, Complainant stated that it was because she

was “intimidated by [him] and [his] knowledge of the Postal Service”

and that he was aware she had performed poorly in her interviews and

has only “kept her job because she was a black female.” Complainant

failed to proffer any evidence, however, to show that the actions alleged

were motivated by discriminatory animus toward his race or sex, or were

in reprisal for his prior EEO activity. Finally, we note that, with

respect to Complainant’s contentions on appeal, any misidentification

of the position titles of various management officials in the report

of investigation amounts to harmless error and in no manner changes the

analysis or final disposition of the complaint.

CONCLUSION

We AFFIRM the Agency’s final decision finding no discrimination.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0610)

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), at 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

77960, Washington, DC 20013. 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 (S0610)

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 (Z0610)

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 from the Court that

the Court appoint an attorney to represent you and that the Court also

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 with

the Court 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

March 21, 2012

__________________

Date

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0120112327

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0120112327