01A12448_r
08-02-2001
Lucy S. Moon, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Lucy S. Moon v. United States Postal Service
01A12448
August 2, 2001
.
Lucy S. Moon,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A12448
Agency No. 4F-926-0040-01
DECISION
Complainant initiated contact with an EEO Counselor on November 20, 2000.
On January 12, 2001, complainant filed a formal EEO complaint wherein
she claimed that she was subjected to discriminatory harassment on the
basis of her sex (female), disability (stress), and in reprisal for her
previous EEO activity under Title VII when:
1. On October 13, 2000, she received a letter from her Acting Manager,
which stated that she needed to provide medical documentation for
her absences, and which she interpreted as meaning that she was in an
AWOL status.
2. On October 13, 2000, she became aware that management had not
notified her that she had a new Acting Supervisor.
3. Complainant did not receive copies of PS Form 3971, Request for or
Notification of Absence, which she had submitted in a timely manner and
had to call to request.
4. On December 5, 2000, complainant received copies of the PS Forms 3971
and discovered that they were approved by her Acting Supervisor for the
Manager, Operations Support, and that the approval date was left blank.
5. On an unspecified date or on unspecified dates, the complainant
was not offered a detail to an EAS-20 position.
The agency dismissed claims 1-4 of the complaint on the grounds of
failure to state a claim. The agency determined that complainant has
not demonstrated that she suffered any harm or injury with respect
to the alleged incidents. The agency noted that complainant was not
charged with being AWOL , nor was there any mention of her being AWOL
in the relevant letter. The agency observed that although the date
of approval was not indicated on the PS Forms 3971, the forms were
nonetheless approved. The agency dismissed claim 5 of the complaint
on the grounds that complainant failed to initiate contact with an EEO
Counselor in a timely manner. The agency determined that complainant was
at least ten months late in pursuing EEO counseling on this claim in light
of her own assertions that she has been incapacitated and not available
for duty for a year. The agency reasoned that complainant could not have
been denied a position for which she was available during that period.
We find that the actions cited by complainant in claims 1-4 are not
sufficiently severe or pervasive to constitute harassment. Further,
complainant has not shown that the alleged incidents caused her to suffer
an injury or harm to a term, condition, or privilege of her employment.
We find with regard to claim 5 that complainant failed to initiate contact
with an EEO Counselor in a timely manner. In her appeal, complainant
acknowledged that the most recent denial of a detail assignment occurred
in 1997. Complainant did not initiate contact with an EEO Counselor until
November 20, 2000, after the expiration of the 45-day limitation period.
Complainant has not submitted adequate justification for an extension
of the 45-day limitation period. Accordingly, the agency's decision
dismissing complainant's complaint 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
August 2, 2001
__________________
Date