01a44628
11-24-2004
Tracee L. Bradley, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Tracee L. Bradley v. United States Postal Service
01A44628
11-24-04
.
Tracee L. Bradley,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A44628
Agency No. 4C-440-0165-04
DECISION
On June 30, 2004, Tracee L. Bradley (complainant) filed an appeal from
the agency's final decision dated June 7, 2004, dismissing complainant's
complaint of unlawful employment discrimination in violation of Title
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et
seq., and the Age Discrimination in Employment Act of 1967, as amended,
29 U.S.C. � 621 et seq. The appeal is timely filed (see 29 C.F.R. �
1614.402(a)) and is accepted in accordance with 29 C.F.R. � 1614.405.
At the time of the events herein, complainant worked as a rural carrier
in Ohio. In her formal complaint, she claimed that based on her sex
and age (DOB 7-17-1960), the agency discriminated against her when,
(a) on various dates from October 2003, to February 2004, a supervisor
"badgered" her in regard to her work performance; and, (b) on various
dates in February through March 2004, another supervisor harassed her in
regard to her work performance. Complainant also stated that a supervisor
told her to 'clean up' her area, to work faster, and called her "girlie."
In its final decision, the agency dismissed the complaint for failure
to state a claim, pursuant to 29 C.F.R. � 1614.107(a)(1). The agency
held that complainant was not an aggrieved employee, that is, one who
suffers a present harm or loss with respect to a term, condition, or
privilege of employment, since the two incidents cited did not rise to
the level of illegal harassment based on sex or age. In various, undated
papers submitted with her appeal, complainant referred to matters in the
grievance process, a diagnosis of carpal tunnel syndrome, and incidents
of criticism on her work performance.
The Commission finds that even if proven true, the facts stated by
complainant do not indicate that she was subjected to harassment that
was sufficiently severe or pervasive to alter the conditions of her
employment. See Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986);
Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993). For this
reason the Commission finds that the complainant's complaint does not
state a claim under our regulations and is properly dismissed.<1> See
Phillips v. Department of Veterans Affairs, EEOC Request No. 05960030
(July 12, 1996) (allegations that the supervisor had "verbally attacked"
the complainant on one occasion, attempted to charge him with AWOL,
and disagreed with the time the complainant entered into a sign-in log,
were insufficient to state a harassment claim); Backo v. United States
Postal Service, EEOC Request No. 05960227 (June 10, 1996) (a supervisor's
remarks on several occasions, unaccompanied by any concrete action,
were not sufficient to state a claim); Miller v. United States Postal
Service, EEOC Request No. 05941016 (June 2, 1995) (an oral admonishment
was not sufficient to state a hostile work environment claim).
CONCLUSION
Accordingly, the agency's decision is AFFIRMED.
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
_____11-24-04_____________
Date
1The Commission also notes that statements regarding a complainant's work
performance, such as work assignments, instructions, and admonishments,
are within the routine business operations of the agency, and do not
establish a claim of harassment.