Lajoyce M. Daniel-Cain, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJun 15, 2004
01A40805_r (E.E.O.C. Jun. 15, 2004)

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