Rudolph White, Jr., Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionDec 8, 2000
01995972 (E.E.O.C. Dec. 8, 2000)

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).