01a54442
10-07-2005
Evaughan Lane, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Evaughan Lane v. United States Postal Service
01A54442
October 7, 2005
.
Evaughan Lane,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A54442
Agency No. 4G-327-0079-05
DECISION
Complainant initiated contact with an EEO Counselor on March 8, 2005.
On May 6, 2005, complainant filed a formal EEO complaint wherein she
claimed that the agency discriminated against her on the bases of her race
(Black), color (black), sex (female), age (dob 8/13/56) and in reprisal
for her previous EEO activity under Title VII and the Age Discrimination
in Employment Act. Complainant alleged that on December 11, 2004,
complainant was questioned by agency inspectors about a $42,000 shortage
in the stamp stock.
By decision dated May 13, 2005, the agency dismissed the complaint
pursuant to 29 C.F.R. � 1614.107(a)(1), on the grounds of failure to
state a claim. The agency stated that the questioning of complainant
was no more than a fact-finding interview to determine the reason for
the stamp stock shortage. The agency further stated that no disciplinary
action had been taken against complainant as of the time that she filed
her formal complaint. The agency determined that complainant had not
suffered a personal loss or harm with respect to a term, condition, or
privilege of her employment. The agency also dismissed the complaint
pursuant to 29 C.F.R.� 1614.107(a) (2), on the grounds of failure to
initiate contact with an EEO Counselor in a timely manner. The agency
noted that complainant's contact of an EEO Counselor on March 8, 2005,
was more than 45 days after the questioning of her by agency inspectors
on December 11, 2004.
The Commission finds that the alleged questioning of complainant regarding
the stamp stock shortage does not constitute personal injury or harm
to a term, condition, or privilege of her employment. We therefore
find that the complaint is properly dismissed pursuant to 29 C.F.R. �
1614.107(a)(1).<1> Accordingly, the agency's decision to dismiss the
complaint 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
October 7, 2005
__________________
Date
1In light of our affirmance of the final action on the grounds of
failure to state a claim, we need not address the agency's alternative
grounds for dismissal.