01a41576_r
09-17-2004
Justine Bretagna, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Justine Bretagna v. United States Postal Service
01A41576
September 17, 2004
.
Justine Bretagna,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A41576
Agency No. 4A-117-0001-03
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. �1614.107(a)(1), on the grounds
of failure to state a claim. On August 21, 2003, complainant filed
a formal EEO complaint wherein she claimed that she was subjected to
discriminatory harassment on the bases of her sex (female), national
origin (Italian), age (dob 5/12/1982), and disability, when: (1)
on September 10, 2002, she was berated by her supervisor in front of
her coworkers in the workroom; (2) her gynecologist was called by her
supervisor for information about complainant; (3) she was �pushed back
into a postcon�; and (4) her supervisor made several comments about
her panties.
Upon review of the entire record, we find that complainant has not
established that the agency's alleged actions are of sufficient severity
or pervasiveness to constitute a claim of harassment. Complainant for
the most part presents claims that are general and lacking important
specific information. Complainant does not specify how she was berated
by her supervisor or the circumstances concerning her being pushed back
into a postcon. Complainant also does not provide a specific description
of the comments made about her panties nor the dates that such comments
were uttered. We find that complainant has not established that the
alleged actions caused her to suffer an injury or harm to a term,
condition, or privilege of her employment.
Accordingly, the agency's decision dismissing the complaint on the
grounds of 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
September 17, 2004
__________________
Date