0120091101
05-13-2010
Roger L. Gray,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Capital Metro Area),
Agency.
Appeal No. 0120091101
Agency No. 1K221001908
DECISION
Complainant filed an appeal with this Commission from the November 13,
2008 agency decision which dismissed his 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.
In his complaint, complainant alleged that the agency discriminated
against him on the bases of race ("White male") and reprisal for prior
EEO activity when from June 18, 2008, he was subjected to harassment
and a hostile work environment when: (1) on June 18, 2008, he was made
aware that first class mail addressed to him was being withheld; (2)
on August 22, 2008, complainant was ordered to the 010 area to AFCS #5,
and (3) on unspecified dates, complainant was continuously singled out
and watched.
The agency dismissed the complaint pursuant to 29 C.F.R. � 1614.107(a)(1)
for failure to state a claim. In dismissing the complaint, the
agency stated that complainant failed to show that he had suffered a
personal loss or harm. The agency noted that routine work assignments,
instructions, and admonishments do not rise to the level of harassment
because they are common workplace occurrences which are not sufficiently
severe or pervasive to constitute harassment, unless the incidents
occurred to harass complainant for a prohibited reason.
Upon review, the Commission finds that the complaint was properly
dismissed. Complainant failed to show that he suffered a 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). Not every work-related issue constitutes
a term, condition, or privilege of employment. Even if the claims are
proven to be true and are viewed in a light most favorable to complainant,
the actions of which complainant complains do not state a cognizable claim
of a hostile work environment. See Cobb v. Department of the Treasury,
EEOC Request no. 05970077 (March 13, 1997). A hostile work environment
exists when the workplace is permeated with discriminatory intimidation,
ridicule and insult that is sufficiently severe or pervasive to alter the
condition of the victim's employment. Harris v. Forklift Systems, Inc.,
510 U.S. 17 (1993). Here, the actions of which complainant complains
do not rise to the level of an actionable claim.
Accordingly, the agency's dismissal of the complaint is AFFIRMED.
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
May 13, 2010
__________________
Date
2
0120091101
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120091101