01990336
04-03-2001
Charles S. Jordan, Jr. Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Charles S. Jordan, Jr.
01990336
04-03-01
.
Charles S. Jordan, Jr.
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01990336
Agency No. 16741000998
DECISION
Complainant filed a timely appeal with the Equal Employment Opportunity
Commission (the Commission) from the agency's final decision concerning
his allegation that the agency violated Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. � 2000 et seq. and � 501 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. � 791 et seq.
The issue on appeal is whether complainant was discriminated against
on the bases of race/color (Black), sex (male), disability (anxiety),
religion (Christian), and reprisal (prior EEO activity) when, on September
3, 1997, he was placed in an emergency, nonduty, nonpay status, and was
subsequently issued a Notice of Removal (the Notice) effective October
31, 1997.
Complainant filed a formal complaint raising the issue stated above.
Following the formal investigation of the complaint, complainant was
provided a copy of the investigative file and was notified of his right to
request a hearing before an EEOC Administrative Judge. Complainant did
not request a hearing within the designated time period. Therefore, on
September 23, 1998, the agency issued its final agency decision (FAD),
which found no discrimination. Complainant now appeals the FAD.
In July 1997, complainant, according to his testimony, received a
letter from agency personnel indicating that he was being involuntarily
reassigned. According to complainant, he was forced to bid on another
position. Thereafter, on August 20, 1997, complainant sent a letter
(the Letter) to certain agency officials and also posted the Letter on
the employee bulletin board. The Letter stated in relevant part:
I'm so happy we are not living in the days
of slavery.
If the house Negro had the slightest
disagreement
with the slave Master, immediately he
was INVOL-
UNTARILY assigned and became a field
Negro.
Many people feel that if they had lived
during those
Slavery day conditions, they may have
blown away
the so called slave Master and escaped
The Letter was signed by complainant. Under his name complainant had
written, �INVOLUNTARILY UNASSIGNED REGULAR.�
On September 4, 1997, the agency's Threat Assessment Team (the Team)
concluded that the Letter constituted a �clear and deliberate threat
to specific Postal employees,� which warranted the termination of
complainant's employment with the agency. Complainant was issued a Notice
of Removal, effective October 31, 1997. In addition to the complaint
herein, complainant also filed a grievance regarding the removal; on
February 17, 1998, he was returned to duty, with his time off being
treated as a disciplinary suspension.
The agency concluded that complainant failed to establish a prima facie
case of discrimination on any basis because he did not show that he was
treated less favorably than individual(s) outside of his protected groups,
under essentially the same circumstances.<1> The agency also concluded
that, even if the requisite inferences of discrimination were established,
the agency articulated a legitimate, nondiscriminatory reason for its
action - that complainant made implied threats against agency managerial
officials. Finally, the agency concluded that complainant did not prove
pretext. In this regard, the agency emphasized that complainant's actual
intent in sending the Letter was irrelevant in that management acted on
the basis of its understanding of the Letter.
After careful review of the record, including arguments and evidence
not specifically discussed herein, we find that the agency properly
determined that complainant was not discriminated against as alleged.
We agree with the agency that complainant failed to show that he was
treated more harshly than other individual(s) accused of making threats
of the same type against management officials. We find that complainant
failed to prove that discrimination, rather than the nature of the Letter,
motivated the agency to act as it did. Accordingly, it is the decision
of the Commission to AFFIRM the agency's finding of no discrimination.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
__04-03-01________________
Date
1 The agency did not challenge complainant's assertion that he is
a disabled individual under the Rehabilitation Act by virtue of his
disability, anxiety.