0120110956
11-01-2011
Shirley R. Cooper, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (Capital Metro Area), Agency.
Shirley R. Cooper,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service,
(Capital Metro Area),
Agency.
Appeal No. 0120110956
Agency No. 4K-290-0084-10
DECISION
Complainant filed a timely appeal with this Commission from the Agency's
final decision dated November 8, 2010, dismissing a formal 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.
BACKGROUND
During the period at issue, Complainant worked as a Postmaster at the
Agency’s Hemingway Post Office facility in Hemingway, South Carolina.
On October 13, 2010, Complainant filed the instant formal complaint.
Therein, Complainant alleged that she was subjected to harassment and
a hostile work environment by her Manager on the bases of race (African
American) and in reprisal for prior protected activity. As examples of
the alleged harassment, Complainant provided the following:
1. on June 4, 2010, she was told by the Manager how to organize the hours
in her office, including for herself, and sending her a letter ordering
her when to work and when to take personal time;
2. on August 19, 2010, after being informed her office had no training
hours, she was advised that it was her responsibility to absorb the
training hours used at her office to train another Postmaster for
leave relief;
3. on October 5, 2010, she received a letter from the Manager regarding
proper communication and etiquette;
4. on October 13, 2010, instead of researching Complainant’s statement
regarding the Hemingway Post Office, the Manager attempted to get her
to accept the Flash report figures; and
5. on an unspecified date, “letters of non compliance 90% supposed to
be taken out of file.”
On November 8, 2010, the Agency issued a final decision. The Agency
dismissed the formal complaint for failure to state a claim, pursuant
to 29 C.F.R. § 1614.107(a)(1). Specifically, the Agency determined
that Complainant did not show she suffered a personal loss or harm to
a term, condition or privilege of her employment. The Agency further
found that the alleged acts did not rise to the level of harassment.
CONTENTIONS ON APPEAL
On appeal, Complainant argues that the Manager called her a “thief.”
Complainant further states that she has been harassed “on numerous
occasions and retaliated against due to previous EEO complaints. I had to
write all OIG in USA, [named Agency official], & [named Agency official] &
[at] the time [named Agency official] to get personal time due.”
ANALYSIS AND FINDINGS
The regulation set forth at 29 C.F.R. § 1614.107(a)(1) provides, in
relevant part, that an Agency shall dismiss a complaint that fails to
state a claim. An Agency shall accept a complaint from any aggrieved
employee or applicant for employment who believes that he or she has been
discriminated against by that agency because of race, color, religion,
sex, national origin, age or disabling condition. 29 C.F.R. §§
1614.103, .106(a). The Commission's federal sector case precedent has
long defined an "aggrieved employee" as one who suffers a present harm
or loss with respect to a term, condition, or privilege of employment
for which there is a remedy. Diaz v. Department of the Air Force,
EEOC Request No. 05931049 (April 21, 1994).
Complainant has not alleged a personal loss or harm regarding a term,
condition or privilege of her employment. To the extent Complainant
is claiming a discriminatory hostile work environment, we find that
the events described, even if proven to be true, would not indicate
that Complainant has been subjected to harassment that was sufficiently
severe or pervasive to alter the conditions of her employment. See Cobb
v. Department of the Treasury, EEOC Request No. 05970077 (March 13, 1997).
Moreover, the alleged Agency actions were not of a type reasonably likely
to deter Complainant or others from engaging in protected activity.
Accordingly, the Agency’s final decision dismissing the instant
complaint for failure to state a claim is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 (S0610)
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 (Z0610)
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
November 1, 2011
__________________
Date
2
01-2011-0956
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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