Danielle A. King, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 24, 2006
01a55980 (E.E.O.C. Feb. 24, 2006)

01a55980

02-24-2006

Danielle A. King, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Danielle A. King,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A55980

Agency No. 4B028000505

DECISION

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

appeal from the agency's August 15, 2005 final decision in the

above-entitled matter. Complainant alleged that the agency discriminated

against her on the basis of race (Native American) when: (1) from

September 21 to October 23, 2004, she was subjected to a hostile work

environment, and (2) she was removed from employment as a Rural Carrier

Associate, during her probationary period, for failure to be regular in

attendance.

The record indicates that complainant began her employment with the agency

on August 21, 2004, in the post office in Charlestown, Rhode Island.

By letter dated April 6, 2004, the Postmaster terminated her employment,

during her probationary period, for "failure to be regular in attendance."

The Postmaster noted that in October 2004, complainant was absent for

several days because her van did not work. She also requested Wednesdays

off for day care issues, a request which the Postmaster granted. However,

on October 26, 2004, complainant called in sick and never returned to

work. In March 2005, the Postmaster sent complainant a letter requiring

her to submit medical documentation to justify her extended absence or

face possible termination. Complainant never submitted the requested

documentation and was terminated by letter dated April 6, 2004.

Between September 21 to October 23, 2004, complainant alleged she was

subjected to a series of comments made by several coworkers and the

Postmaster which she believed subjected her to a hostile work environment

because she was Native American. Specifically, complainant asserted she

was subjected to: remarks about her limited financial means; comments

about her receipt of food stamps; negative comments about several of

her t-shirts; being followed to the restroom; being stared at and having

words mouthed in her direction; the Postmaster and a coworker jokingly

discussing having a "good old-fashioned lynching"; and a coworker comment

to another about there "being too many Chiefs and not enough Indians."

The Postmaster denied any involvement in these alleged activities, and

said she spoke with the coworkers when complainant complained to her,

who also denied all but making the "too many Chiefs and not enough

Indians remarks. The Postmaster said one coworker admitted to making

this remark in reference to her belief that the union was too top-heavy,

but said that it was not directed in any way at complainant.

After a review of the record in its entirety, including consideration

of all statements submitted on appeal, 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. Complainant failed to establish that the

actions she alleged rose to the level of a hostile work environment or

that the agency's actions were based upon discriminatory motives.

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

February 24, 2006

__________________

Date

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01A55980

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

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01A55980