01a02793
07-19-2000
Tammy P. Williams, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Tammy P. Williams v. United States Postal Service
01A02793
July 19, 2000
Tammy P. Williams, )
Complainant, )
)
v. ) Appeal No. 01A02793
) Agency No. 4-D-270-0009-00
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DECISION
Upon review, we find that the first claim of the complaint was properly
dismissed pursuant to 64 Fed. Reg. 37,644, 37,656 (1999) (to be codified
and hereinafter cited as 29 C.F.R. �1614.107(a)(1)), on the grounds
that it states the same claim that is pending before the agency.<1>
In both the instant complaint and in her previous complaint (Agency
No. 4-D-270-0005-00), complainant claimed discrimination when it was
requested by an agency official that she provide medical documentation
for leave that she used on September 22, 1999. Although the requests
occurred on different dates, they concern the same day that complainant
took leave. Therefore, we find that the instant claim states the same
claim as that pending before the agency. Accordingly, the agency's
dismissal of the first claim was proper and is AFFIRMED.
We find that the second claim of the complaint was properly dismissed
pursuant to 64 Fed. Reg. 37,644, 37,656 (1999) (to be codified and
hereinafter cited as 29 C.F.R. �1614.107(a)(1)), on the grounds of
failure to state a claim. In the second claim, complainant claimed
that the Postmaster became angry because she was called by the Office
of Workers' Compensation Program. In its decision, the agency did not
note that complainant claimed that the Postmaster during this incident
allegedly called complainant a �bald face liar.� Complainant argues
that this conduct constituted harassment. We find that this incident
was not sufficiently severe or pervasive to constitute harassment.
Further, the remark at issue did not cause complainant to suffer harm to
a term, condition, or privilege of her employment. The Commission has
repeatedly found that remarks or comments unaccompanied by a concrete
agency action are not a direct and personal deprivation sufficient
to render an individual aggrieved. See Backo v. U.S. Postal Service,
EEOC Request No. 05960227 (June 10, 1996); Henry v. U.S. Postal Service,
EEOC Request No. 05940695 (February 9, 1995). Accordingly, the agency
decision dismissing the second claim on the grounds of failure to state
a claim was proper and is hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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:
July 19, 2000
_______________________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
1 On 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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.