Vincent T. Eddy, Complainant,v.John E. Potter, Postmaster General, United States Postal Service (Eastern Area), Agency.

Equal Employment Opportunity CommissionFeb 11, 2009
0120090365 (E.E.O.C. Feb. 11, 2009)

0120090365

02-11-2009

Vincent T. Eddy, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Eastern Area), Agency.


Vincent T. Eddy,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service

(Eastern Area),

Agency.

Appeal No. 0120090365

Agency No. 4C430004808

DECISION

Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's

appeal from the agency's October 3, 2008 final decision concerning

his equal employment opportunity (EEO) complaint alleging 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. Complainant

alleged that the agency discriminated against him on the bases of race

(Caucasian), sex (male), color (white), and reprisal (prior protected EEO

activity) when: (1) on February 15, 2008, he was subjected to verbal

abuse and harassment from his supervisor (S1); (2) on or about March

18, 2008, he received notification to report for a pre-disciplinary

interview while on sick leave; (3) on February 25, 2008, he was charged

Absent Without Official Leave (AWOL); (4) on or about March 24, 2008,

he was issued a Letter of Warning (LOW); and (5) on or about May 6,

2008, during a route inspection, he was ordered to change his route

and deviate from normal procedures, which had an adverse effect on the

outcome of the inspection.

With respect to Claim 1, complainant asserts that on February 15, 2008,

his first-line supervisor (S1) badgered him by asking him questions,

then cutting him off as he tried to answer, and repeatedly told him

that he better make eight hours. In addition, complainant asserts

that it was more how he was told this, than what S1 actually said.

He also affirmed that S1 told him that she did not like him and stated,

"So do you not like women or you just don't like black women?" Complainant

reported that this happened behind his vehicle and while they were walking

down South 5th Street. Complainant further asserts that he called the

Customer Service Manager (M1) on his cell phone as the incident with S1

was ending and complained about the incident. . Complainant claims

that S1 was taking pleasure in the incident, and was laughing at him.

S1 disputes complainant's version of events and denies that complainant

was harassed. S1 asserts that she was only doing her job as a supervisor

by performing street observations of complainant and other carriers.

With respect to Claims 2 - 4, M1 asserts that complainant reported to

work on February 25, 2008 and asked him if S1 was going to be reassigned

due to the harassment that he complained of on February 15, 2008.

Complainant refused to report for work, in response to M1's statement

that S1 would not be reassigned. M1 states that he informed complainant

that if he went home he would be charged AWOL. Despite his warning,

complainant went home and was charged with AWOL on March 24, 2008.

M1 denies telling complainant that he would only be charged with Leave

Without Pay (LWOP).

With respect to the LOW, S1 asserts that her only involvement was that

she signed the LOW for a management official who was out of the office.

The Acting Manager (AM) testified that she sent a notice to complainant on

March 16, 2008 for a pre-disciplinary interview after being advised of the

events which led to the issuance of AWOL and was the concurring official

for the LOW, which was issued based on complainant's AWOL charge.

With respect to Claim 5, M1 asserts that there was a station-wide

inspection from Monday, May 5 through Saturday, May 10, 2008. M1 also

asserts that the inspections were conducted by the Operations Support

team. Complainant's route was inspected on May 5 and May 6, 2008.

M1 further affirmed that as a result of the May 5th inspection he called

complainant into his office and informed him of various deficiencies

in his work performance detected by the Operations Support team.

Complainant was instructed to make changes necessary to perform his

duties satisfactorily. M1 asserts that the inspection team did not find

deficiencies with respect to other carriers delivering mail to business

customers. Moreover, M1 asserts that the changes in complainant's

route were the result of the route inspection and that he was not the

only carriers who had his route change following a route inspection.

In addition, M1 affirmed that complainant's race, color, sex or prior

EEO activity were not factors with respect to the employment actions

alleged in this complaint.

Complainant has not adduced evidence sufficient to establish that the

agency's proffered explanations were merely pretexts for discrimination.

See Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 134

(2000); St. Mary's Honor Center v. Hicks, 509 U.S. 502, 519 (1993); Texas

Department of Community Affairs v. Burdine, 450 U.S. 248, 256 (1981);

Holley v. Department of Veterans Affairs, EEOC Request No. 05950842

(November 13, 1997); Pavelka v. Department of the Navy, EEOC Request

No. 05950351 (December 14, 1995).

It is the decision of the Equal Employment Opportunity Commission to

AFFIRM the agency's final decision because the preponderance of the

evidence of record does not establish that discrimination occurred,

as alleged.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M1208)

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 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 (S0408)

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 (Z1008)

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

February 11, 2009

Date

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0120090365

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0120090365