0120090097
03-06-2009
Linda K. Martin, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Linda K. Martin,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120090097
Agency No. 4H-327-0085-08
DECISION
Complainant filed a timely appeal with this Commission from a final
agency decision dated August 25, 2008, dismissing her 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.
Upon review, the Commission finds that complainant's complaint was
properly dismissed for failure to state a claim.
In a formal EEO complaint dated August 7, 2008, complainant alleged
that the agency subjected her to hostile work environment harassment on
the basis of race (African-American) when (1) around March 29, 2008, a
manager (S1) referred to complainant as "redbone," (2) on April 15, 2008,
S1 informed complainant that she would no longer be assigned web-bats or
box section maintenance, (3) on April 16, 2008, S1 instructed complainant
to remain in her work area all the time and; then, approached her, told
her to leave his office and threatened to place her on administrative
leave, and (4) an acting supervisor ordered complainant to sign a leave
request form that did not reflect her leave request.
In its final decision, the agency dismissed complainant's claim of
harassment pursuant to 29 C.F.R. � 1614.107(a)(1). Specifically, the
agency stated that the alleged actions do not rise to the level of a
hostile work environment and, more-so, fall into the "realm of managerial
prerogative and authority." The decision added that EEOC regulations
"are not intended to be used as a general civility code."
Complainant alleges that she was subjected to a hostile work environment.
The Commission finds that the complaint fails to state a claim under
EEOC regulations. Complainant failed to show that she suffered harm
or loss with respect to a term, condition, or privilege of employment
for which there is a remedy. See Diaz v. Department of the Air Force,
EEOC Request No. 05931049 (April 21, 1994). Further, the actions as
alleged are not sufficiently severe or pervasive to alter the conditions
of complainant's employment. See Harris v. Forklift Systems, Inc., 510
U.S. 17, 21 (1993). Accordingly, we AFFIRM the agency's final decision
dismissing complainant's complaint.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 77960,
Washington, DC 20013. 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 (S0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
March 6, 2009
__________________
Date
2
0120090097
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0120090097