01A40805_r
06-15-2004
Lajoyce M. Daniel-Cain, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Lajoyce M. Daniel-Cain v. United States Postal Service
01A40805
June 15, 2004
.
Lajoyce M. Daniel-Cain,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A40805
Agency No. H0-0140-01
Hearing No. 220-A2-5173X
DECISION
Complainant filed this appeal from the October 22, 2003 agency decision
implementing the October 16, 2003 decision of the EEOC Administrative
Judge (AJ) finding no discrimination.
Complainant, an account representative, alleged that she was discriminated
against on the bases of race (Black) and sex (female) when she was
subjected to harassment and a hostile work environment and issued a
letter of warning.
At the conclusion of the investigation, complainant received a copy of the
investigative report and requested a hearing before an AJ. The AJ issued
a decision without a hearing, finding no discrimination. In finding no
discrimination, the AJ concluded that complainant had failed to show by a
preponderance of the evidence that she was subjected to a work environment
so severe and pervasive so as to alter the conditions of her employment
and also noted that the actions complained of were neither frequent
nor severe. The AJ further concluded that complainant was not treated
disparately as a result of her race or sex. The AJ also concluded that
the discipline was issued as a result of complainant's failure to obey
her manager's direct order on April 25, 2001 to stop popping bubble wrap.
The record contains complainant's affidavit. Therein, complainant
described the incident that occurred on April 25, 2001, when she was
popping bubbles on packing materials in her cubicle. Complainant stated
that her manager yelled and screamed at her and that she felt threatened
by the manager's conduct. Complainant further stated that while screaming
at her, the manager's spittle landed on her face. Complainant indicated
that the manager had not spoken to males in the same manner. She stated
that other co-workers had popped packing bubbles and the manager had
not yelled and screamed at them that manner and that she was treated
differently because she is a Black female.
The record also contains the affidavit of the manager. The manager
stated that he issued the proposed letter of warning because complainant
failed to stop popping the bubble wrap when he asked her to do so and he
had to ask her to come into his office twice. The manager also stated
that he had not observed or heard other employees popping bubble wrap or
received complaints about their doing so. The manager stated that he
had not treated other employees differently and identified employees he
had had to discipline. The manager also stated that he issued similar
discipline to other employees prior to May 11, 2001.
Upon review, the Commission finds that the AJ's 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. 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. In addition, complainant's complaint that she was subjected
to a hostile work environment fails to state a claim of harassment.
Accordingly, 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
June 15, 2004
__________________
Date