0120103178
11-18-2010
Vicki L. Couch, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Eastern Area), Agency.
Vicki L. Couch,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Appeal No. 0120103178
Agency No. 1C-401-0021-10
DECISION
Complainant filed a timely appeal with this Commission from the Agency's final decision dated July 9, 2010, dismissing her complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. For the reasons which follow, the Agency's final decision is AFFIRMED.
ISSUE PRESENTED
The issue presented is whether the Agency properly dismissed Complainant's complaint pursuant to 29 C.F.R. � 1614.107(a)(1) for failure to state a claim.
BACKGROUND
In a complaint dated June 16, 2010, Complainant, a Mail Processing Clerk at the Agency's Louisville Air Mail Facility alleged that the Agency subjected her to discrimination on the bases of race (African American), sex (female), and reprisal for prior protected EEO when:
1. On February 25, 2010, management intentionally assigned her to a work area where mail had been previously improperly processed;
2. On March 5, 2010, Complainant returned from lunch and found that the prior employee had placed incorrect labels in the area were she was working alone;
3. On March 6, 2010, Complainant's supervisor did not allow her to work in the area of her choice;
4. On March 13, 2010, a fellow employee displayed threatening facial and body language towards her and snatched an APC while she was still working on it;
5. On March 16, 2010, she was subjected to hostile and harassing behavior from another employee;
6. On March 16, 2010, she was questioned by her supervisor regarding her behavior towards another employee;
7. On March 17, 2010, she was not allowed to work in the area of her choice;
8. On March 17, 2010, she was subjected to hostile behavior from fellow employees which resulted in her being singled out by her supervisor;
9. On April 23, 2010, she was hit on the foot when another employee threw a box in her direction, and then subsequently did not apologize to her;
10. On May 14, 2010, another employee put eight containers of mail in her path creating a safety hazard;
11. On May 22, 2010, another employee joked about how he thought he was going to have to put her in for AWOL; and
12. On June 1, 2010, her time card was displaced by another employee.
The Agency found that Complainant failed to state a claim with regard to these claims because she did not show that she was aggrieved. Specifically, the Agency found that Complainant did not show that she suffered a personal loss or harm with respect to a term, condition or privilege of employment as a result of the Agency's actions. Further, upon reviewing Complainant's claim of harassment, the Agency found that the incidents complained of, even if true, were neither sufficiently severe nor pervasive to create a discriminatory hostile or abusive working environment. The Agency found that a fair reading of Complainant's complaints involve petty workplace disputes and issues that involve management prerogative.
CONTENTIONS ON APPEAL
On appeal, Complainant contends that she has been subjected to ongoing harassment. She maintains that these incidents are just examples of what occurs on a frequent basis. She also contends that complaints from male employees have been taken more seriously than her complaint. The Agency contends that Complainant has not provided any evidence on appeal which suggests that she was aggrieved. The Agency asks that its decision be affirmed.
ANALYSIS AND FINDINGS
The Commission finds that the complaint fails to state a claim under the EEOC regulations because Complainant failed to show that she suffered harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. See Diaz v. Dep't of the Air Force, EEOC Request No. 05931049 (April 21, 1994). Further, we find that Complainant has not demonstrated that she was subjected to a hostile work environment. The Commission finds these incidents, even when viewed collectively were not sufficiently severe or pervasive enough to alter the conditions of complainant's employment and create an abusive working environment. Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993); see also Oncale v. Sundowner Offshore Servs., Inc., 23 U.S. 75 (1998).
CONCLUSION
Accordingly, the Agency's final decision dismissing Complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
__11/18/10________________
Date
2
0120103178
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120103178