01A44253_r
09-17-2004
Joseph C. Grieco, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Joseph C. Grieco v. United States Postal Service
01A44253
September 17, 2004
.
Joseph C. Grieco,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A44253
Agency No. 4-H-335-0084-03
DECISION
Complainant appeals to the Commission from the agency's April 24,
2004 decision finding no discrimination. According to the agency's
decision, complainant alleges discrimination on the bases of age (date
of birth: July 10, 1946), disability (post phlebitis syndrome, left leg)
and reprisal for prior EEO activity when, on November 30, 2002, his
route was adjusted.<1> The agency, in its decision, concluded that it
asserted a legitimate, nondiscriminatory reason for its actions, which
complainant failed to rebut. With regard to complainant's harassment
claim, the agency found that the incidents complained of by complainant
did not rise to the level of severity or pervasiveness so as to establish
a hostile working environment.
We find that the agency has articulated a legitimate, nondiscriminatory
reason for the route adjustment. The Manager of Customer Service stated
that, in the pursuit of operational efficiency, management has the right
to inspect and to make adjustments to routes. The mail count and route
adjustment was conducted in accordance with Chapter 2 of the M-39 to make
sure the city carrier's routes contained an appropriate daily workload.
Furthermore, all routes in the city of Clearwater were inspected and/or
adjusted.
Complainant has failed to show that the agency's reasons are pretext for
discrimination. Moreover, we find that complainant's harassment claim is
not sufficiently severe or pervasive to rise to the level of harassment.
Furthermore, complainant has failed to show, by a preponderance of
the evidence, that he was discriminated against on the bases of age,
disability or reprisal.
The agency's decision finding no discrimination is AFFIRMED.
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
September 17, 2004
__________________
Date
1The Commission does not address in this decision whether complainant
is a qualified individual with a disability.