01A34847
12-16-2003
Lambert L. Locket Sr., Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.
Lambert L. Locket Sr. v. United States Postal Service
01A34847
December 16, 2003
.
Lambert L. Locket Sr.,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area),
Agency.
Appeal No. 01A34847
Agency No. 4E-852-0076-02
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's final decision in the above-entitled matter.
Complainant alleged that the agency discriminated against him on the
bases of race (African-American) and in reprisal for prior EEO activity,
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq., when:
On January 29, 2002, the Supervisor, Customer Services removed boxes
covering the windows and opened the vertical blinds, thereby exposing
complainant's eyes to reflective sunlight;
On April 11, 2002, Co-worker 1 stated, �the fish is back�;
A one-eyed �big lip� fish poster was located in Rural Route 27 Carrier's
case, and a fish toy was hung in the office of the Supervisor, Customer
Services;
On June 21, 2002, Co-worker 2, who also served as an ad hoc supervisor,
asked complainant if he had a KKK number; and,
On June 14, 2002, an unidentified co-worker told complainant that the
co-worker's grandmother had a little black lamb which they killed after
stretching out its neck.
We find that complainant has failed to meet his burden of proving
that he was subjected to discriminatory or retaliatory harassment by
a preponderance of the evidence. With regard to claim 1, we find that
complainant's exposure to sunlight was not based on his race or prior
EEO activity, and was a situation that the agency promptly attempted to
remedy to the best of its ability. Regarding claim 3, complainant has
stated in the record that he does not believe that the former Rural Route
Carrier had anything to do with the harassment or intended to send an
inflammatory racial message with the fish poster. Additionally, there is
no proof that the alleged incidents of harassment described in claims 2,
4, and 5, actually occurred. The suspected perpetrators of the alleged
harassment in these claims have denied that such incidents occurred,
and mere assertions by complainant will not suffice to meet his burden.
Complainant states that he did not inform management who made the �KKK�
or �Black Lamb� comments, rendering any necessary remedial action by
management extremely difficult. With respect to the fish that hung
in the supervisor's office, which sang, �Don't worry, be happy,� when
activated, we find that complainant has not shown that such incident rises
to the level necessary to establish either discriminatory or retaliatory
harassment. We further note, that upon being notified by complainant that
he found such wall hanging offensive, the fish was immediately removed
by the supervisor. Complainant has not claimed that a further incident
regarding the fish has arisen. Therefore, after a review of the record
in its entirety, including consideration of all statements submitted on
appeal, it is the decision of the Equal Employment Opportunity Commission
to affirm the agency's final decision because the preponderance of the
evidence of record does not establish that discrimination occurred.
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
December 16, 2003
__________________
Date