Tiffany J. Pitts, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 18, 2002
01A23843_r (E.E.O.C. Oct. 18, 2002)

01A23843_r

10-18-2002

Tiffany J. Pitts, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Tiffany J. Pitts v. United States Postal Service

01A23843

October 18, 2002

.

Tiffany J. Pitts,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A23843

Agency No. 1-G-708-0016-98

Hearing No. 270-99-9170X

DECISION

Complainant filed a formal EEO complaint in which she claimed that the

agency discriminated against her on the basis of her race (Black) when

on December 15, 1997, she was terminated during her probationary period.

The record reveals that complainant began working for the agency

on October 11, 1997, as a Part Time Flexible, Flat Sorter Machine

Operator, GS-5. Complainant received a 30-day evaluation on November

10, 1997, wherein she was rated unsatisfactory with regard to the factor

of dependability. On December 10, 1997, complainant received her 60-day

evaluation, wherein she was marked unsatisfactory on the factors of work

quality and dependability. Complainant was subsequently terminated from

her position.

The formal EEO complaint was accepted for investigation. Subsequent to

the completion of the agency investigation, complainant requested a

hearing before an EEOC Administrative Judge (AJ). The hearing was held

and afterwards the AJ issued a bench decision dated June 25, 2002,

finding that complainant had not been discriminated against on the

basis of her race. The AJ found that the agency articulated legitimate,

nondiscriminatory reasons for complainant's termination. The AJ noted

that the agency stated that complainant was terminated due to her poor

attendance and inability to get along with others. The AJ observed

that complainant used 32.5 hours of unscheduled sick leave whereas

the comparison employee cited by complainant utilized eight hours of

unscheduled sick leave. With regard to complainant's interaction with

others, the AJ found that complainant was defensive, insubordinate,

and confrontational with coworkers and supervisors. The AJ further

found that complainant failed to establish that the comparative's work

behavior was similar to her work behavior. Complainant filed an appeal

with the Commission on July 3, 2002. The agency issued a final action

dated July 26, 2002, stating that it was implementing the AJ's decision.

Applying the standards set forth in McDonnell Douglas Corp. v. Green,

411 U.S. 792 (1973), the Commission agrees with the agency that

complainant failed to establish by a preponderance of the evidence that

the agency's articulated reasons for its actions were a pretext for

discrimination. Although the initial inquiry in a discrimination case

usually focuses on whether the complainant has established a prima facie

case, following this order of analysis is unnecessary when the agency

has articulated a legitimate, nondiscriminatory reason for its actions.

See Washington v. Department of the Navy, EEOC Petition No. 03900056

(May 31, 1990). In such cases, the inquiry shifts from whether the

complainant has established a prima facie case to whether she has

demonstrated by a preponderance of the evidence that the agency's reasons

for its actions merely were a pretext for discrimination. Id.; see also

United States Postal Service Board of Governors v. Aikens, 460 U.S. 711,

714-717 (1983). In this case, the Commission finds that the agency

has articulated legitimate, nondiscriminatory reasons for its action.

Consequently, we will dispense with an examination of whether complainant

established a prima facie case with respect to the above cited issues

and review below, the reasons articulated by the agency for its actions

as well as complainant's effort to prove pretext.

We find that the arguments presented by complainant do not establish,

by a preponderance of the evidence, that the agency's stated reasons for

its action were pretextual. With regard to complainant's attendance,

complainant has not shown that a similarly situated employee outside of

her protected group had more or as much unscheduled leave as she but was

not terminated. As for complainant's difficulties in getting along with

others, the record establishes that complainant and her job instructor

did not interact well. Complainant's supervisor decided to personally

train complainant after the job instructor requested that she be relieved

of her duties as instructor for complainant. Complainant's supervisor

testified that this was the first complaint she had received from a

new employee in the six years that she had utilized the job instructor.

A coworker testified that complainant yelled at her in the cafeteria when

she denied a romantic relationship with the father of complainant's child.

We find that complainant has not refuted the agency's position that she

experienced difficulties in getting along with her coworkers. We further

find that complainant has failed to establish that similarly situated

individuals outside of her protected group exhibited similar conduct but

were not terminated. Complainant has not shown that the agency acted

unreasonably and in a discriminatory manner when it terminated her.

We find that complainant has not shown that the agency's stated reasons

for its action were pretext intended to mask discriminatory intent.

After a review of the record in its entirety, it is the decision of the

Equal Employment Opportunity Commission to AFFIRM the agency's decision,

because a preponderance of the record evidence does not establish that

discrimination occurred.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

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

October 18, 2002

__________________

Date