01A01100
08-23-2002
Karen T. Hughly, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Karen T. Hughly v. United States Postal Service
01A01100
08-23-02
.
Karen T. Hughly,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A01100
Agency No. 4-K-200-1285-94
Hearing No. 100-99-7783x
DECISION
Complainant timely initiated an appeal from the agency's final order
concerning her equal employment opportunity (EEO) 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. The appeal is accepted pursuant to
29 C.F.R. � 1614.405. For the following reasons, the Commission affirms
the agency's final order.
The record reveals that complainant, a Clerk at the agency's Washington,
D.C. Post Office, filed a formal EEO complaint on February 14, 1995,
alleging that she was harassed by her co-workers and this caused her
health to decline, resulting in adjustment disorder with depressive
features. Complainant asserted she was forced to resign because of the
agency's discriminatory actions. Complainant brought this complaint
on the bases of sex and disability discrimination (adjustment disorder
with depressive features).
At the conclusion of the investigation, complainant received a copy
of the investigative report and requested a hearing before an EEOC
Administrative Judge (AJ). The AJ issued a decision without a hearing,
finding no discrimination.
The AJ concluded that complainant failed to establish a prima facie case
of harassment based on sex or disability. Specifically, the AJ found
that 1) complainant failed to demonstrate that the conduct was so severe
or pervasive to alter the conditions of complainant's work environment;
2) that the agency had no notice that complainant was disabled; and that
3) complainant failed to show that the conduct constituted prohibited
discriminatory treatment and created such intolerable working conditions
that a reasonable person would have had to resign or retire.
The agency's final order implemented the AJ's decision.
Complainant makes no contentions on appeal, and the agency requests that
we affirm its final order.
After a careful review of the record, the Commission finds that grant
of summary judgment was appropriate, as no genuine dispute of material
fact exists. We find that the AJ's decision properly summarized the
relevant facts and referenced the appropriate regulations, policies,
and laws.<1> Further, construing the evidence to be most favorable to
complainant, we note that complainant failed to present evidence that
any of the agency's actions were motivated by discriminatory animus
toward complainant's protected classes.
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
___08-23-02_______________
Date
1For purposes of analysis in this case, we assume complainant is an
individual with a disability.