0120073437
11-15-2007
Austin Godbee, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Austin Godbee,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120073437
Agency No. 6U-000-0014-07
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated July 24, 2007, dismissing his 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., Section
501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,
29 U.S.C. � 791 et seq., and the Age Discrimination in Employment Act
of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq. In his complaint,
complainant alleged that he was subjected to discrimination based on his
race/color (African-American/black), sex (male), disability (depression),
and age (born in 1955) when on May 17, 2007, he was disrespected and
verbally assaulted by co-workers who made demonic faces and menacing
body gestures toward him during a brainstorming session.
In determining whether alleged harassment states a claim, the Commission
has repeatedly examined whether the harassment claims, when considered
together and assumed to be true, were sufficient to state a hostile
or abusive work environment claim. See Estate of Routson v. National
Aeronautics and Space Administration, EEOC Request No. 05970388
(February 26, 1999). In determining whether an objectively hostile
or abusive work environment existed, the trier of fact must consider
all of the circumstances, including the following: the frequency of
the discriminatory conduct; its severity; whether it is physically
threatening or humiliating, or a mere offensive utterance; and whether
it unreasonably interferes with an employee's work performance. Harris
v. Forklift Systems, Inc., 510 U.S. 17, 23 (1993). Consistent with the
Commission's policy and practice of determining whether a complainant's
harassment claims are sufficient to state a hostile or abusive work
environment claim, the Commission has repeatedly found that claims of a
few isolated incidents of alleged harassment usually are not sufficient to
state a harassment claim. See Phillips v. Department of Veterans Affairs,
EEOC Request No. 05960030 (July 12, 1996); Banks v. Health and Human
Services, EEOC Request No. 05940481 (February 16, 1995). Unless the
conduct which complainant alleged is very severe, a single incident or
isolated incidents generally will not create a hostile environment. See,
e.g., Scott v. Sears, Roebuck and Co., 798 F.2d 210, 214 (7th Cir. 1986)
(offensive comments and conduct of coworkers were 'too isolated and
lacking the repetitive and debilitating effect necessary to maintain a
hostile environment claim').
Applying the above standards, we find that the conduct at the May 17,
2007, meeting, as alleged by complainant, does not rise to the level
of an actionable harassment claim. Accordingly, the FAD's dismissal of
the complaint for failure to state a claim 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
November 15, 2007
__________________
Date
2
0120073437
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0120073437