Evelyn R. Craig, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 12, 2005
01a54407 (E.E.O.C. Oct. 12, 2005)

01a54407

10-12-2005

Evelyn R. Craig, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Evelyn R. Craig v. United States Postal Service

01A54407

October 12, 2005

.

Evelyn R. Craig,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A54407

Agency No. 4-H-335-0096-04

DECISION

Complainant appeals to the Commission from the agency's decision dated

March 9, 2005, finding no discrimination. In her complaint, complainant,

a Mail Processor at the agency's St. Petersburg, Florida Post Office,

alleged discrimination based on disability (diabetes, stress) when she

was subjected to a hostile work environment. Specifically, complaint

indicated that: (1) she was confronted by management in front of her

peers; (2) she was harassed after she complained about cartoon drawings

about her that were displayed on the workroom floor; and (3) she was

forced to seek medical treatment as a result of the agency's lack of

action concerning her harassment claims. The agency, in its decision,

concluded that it asserted legitimate, nondiscriminatory reasons for

its actions, which complainant failed to rebut.

After a review of the record, the Commission, assuming arguendo that

complainant had established a prima facie case of discrimination, finds

that the agency has articulated legitimate, nondiscriminatory reasons

for the alleged actions. Complainant claimed that during a closed door

meeting in February 2004, a Manager, Customer Service, told her and

the union steward that she worked like a �snail� and that she should be

ashamed of herself. The Manager stated that during the relevant time

period, she did discuss complainant's poor work habits and the need for

improvement, but she denied making the alleged statements.

With regard to the alleged cartoon drawings both the Manager and

complainant's supervisor stated that they were not aware of any cartoons

of complainant. They observed one cartoon but did not recognize it

as complainant. They had it removed anyway and thrown away, but they

were later informed that complainant retrieved it from the dumpster.

They stated that they learned that the union steward was responsible

for the drawing and he was given an official discussion. The Manager

indicated that she never saw another drawing following the foregoing

discussion. Both the Manager and the supervisor stated that complainant

never complained to them about the alleged drawings.

Complainant claimed that following her use of FMLA, her coworkers would

report to her that her supervisor was angry with her because she was

absent from work. Complainant indicated that both the Manager and her

supervisor and a number of her coworkers were creating a hostile work

environment. Both the Manager and the supervisor stated that there were

no more demands on complainant than on any other employee. The supervisor

indicated that complainant's absence from work did pose a problem because

it resulted in a heavier workload for the other clerks. The supervisor

also indicated that complainant's taking FMLA had no bearing on the

situation and no action was taken against complainant for that.

The record contains a statement from complainant's coworker indicating

that all the problems with complainant began when the Station Manager

arrived at their facility. He stated that the Station Manger was a

micro-manager who wanted employees to work constantly except for their

two breaks and lunch and watched everyone. The coworker stated that

the Station Manager did not like clerks leaving mail for the next day

and it was complainant's supervisor's job to take corrective action.

The coworker also stated that when complainant did not come to work,

it affected the rest of the clerks' work performance and vacation time.

During the relevant time period, asserted the coworker, another clerk

volunteered to change her non-scheduled day so that he could have two

days off.

The record also contains a statement from another coworker indicating

that after the Station Manager's arrival, complainant's productivity and

effort at work became progressively worse, whereas prior to his arrival,

she performed her duties with a higher sense of urgency and helped to get

letter carriers get their mail in a timely manner. The record indicates

that complainant was off work from December 10-15, 2003; working four

hours per day from December 16, 2003 through January 5, 2004; off work

from January 6 through 21, 2004; working four hours per day from January

22 through February 22, 2004; off work from February 23 through March 1,

2004; and working four hours per day from March 2 through 22, 2004.

After a review of the record, the Commission finds that complainant

failed to establish a claim of harassment amounting to a hostile

work environment. The Commission also finds that complainant failed

to show that the agency's reasons were pretext for discrimination.

Based on the foregoing, the Commission finds that complainant failed to

show, by a preponderance of the evidence, that she was subjected to the

alleged discrimination. The agency's decision finding no discrimination

is AFFIRMED.<1>

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 12, 2005

__________________

Date

1The Commission does not address in this decision whether complainant

is a qualified individual with a disability.