01995972
12-08-2000
Rudolph White, Jr., Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Rudolph White, Jr. v. U.S. Postal Service
01995972
December 8, 2000
.
Rudolph White, Jr.,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01995972
Agency No. 1-G-708-0053-98
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1), for failure
to state a claim.<1>
In a complaint dated January 2, 1999, complainant claimed that the
agency subjected him to on-going harassment due to a hostile work
environment on the bases of disability and reprisal (for filing prior
EEO complaints under Title VII of the Civil Rights Act of 1964 (Title
VII), as amended, 42 U.S.C. � 2000e et seq., and Section 501 of the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. �
791 et seq.). Specifically, complainant claims that his supervisors treat
him disrespectfully, citing an incident when a supervisor purportedly
accused him unjustly of watching females enter and exit the restroom.
On appeal, complainant further contends that his harassment claim must
be considered in the context of all of his discrimination complaints,
referencing several which he had previously appealed to the Commission.
Review of the current complaint, as well as those complaints appealed to
the Commission which are pertinent to the instant harassment claim,<2>
the Commission determines that even if considered together, the claimed
conduct is not so severe or persuasive as to set forth an actionable claim
of harassment under the applicable legal standard. See Cobb v. Department
of the Treasury, Request No. 05970077 (March 13, 1997). Moreover,
we note that in our prior decisions on the appeals of complainant's
harassment claims, the Commission similarly found complainant failed to
state an actionable claim of harassment and complainant did not request
reconsideration of those determinations. Accordingly, the agency's
final decision dismissing complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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 8, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2Complainant has filed many appeals with the Commission, dating back
to approximately 1996. However, the following cases all set forth
harassment claims regarding conduct somewhat contemporaneous with
that of the instant claim: White v. USPS, EEOC Appeal No. 01995827
(March 29, 2000); White v. USPS, EEOC Appeal No. 01994581 (September 22,
1999); White v. USPS, EEOC Appeal No. 01995916 (August 30, 2000); White
v. USPS, EEOC Appeal No. 01995826 (August 30, 2000); and White v. USPS,
EEOC Appeal No. 01995711 (August 30, 2000).