01a10409_01a10410
01-17-2001
Charles D. Netherlain, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Charles D. Netherlain v. United States Postal Service
01A10409, 01A10410, 01A10411
January 17, 2001
.
Charles D. Netherlain,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal Nos. 01A10409, 01A10410, 01A10411
Agency Nos. 4G-752-0426-00, 4G-752-0534-00, 4G-752-0535-00
DECISION
Complainant filed timely appeals with this Commission from one agency
decision dated August 25, 2000, and two decisions dated September 18,
2000, dismissing three complaints 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. In Agency Case No. 4G-752-0426-00,
complainant claimed that he was subjected to discrimination on the basis
of race (Caucasian) when:
On April 20, 2000, complainant was disrespected by his supervisor when
she turned to him and stated �you'd better watch your mouth young
man.�
In Agency Case No. 4G-752-0534-00, complainant claimed that he was
subjected to discrimination on the bases of race (Caucasian) and in
reprisal for prior EEO activity when:
On June 20, 2000, complainant was given a discussion following a
customer complaint concerning misdelivered mail.
In Agency Case No. 4G-752-0535-00, complainant alleged that he was
subjected to discrimination on the bases of race (Caucasian) and in
reprisal for prior EEO activity when:
The Acting Station Manager allegedly entered false information on PS
Form 1017-B (unauthorized overtime record).
The agency dismissed each claim separately pursuant to the regulation set
forth at 29 C.F.R. � 1614.107(a)(1), for failure to state a claim.
Upon review of the record we find that the agency properly dismissed the
three complaints for failure to state a claim. Specifically, we find
that complainant failed to show a harm or loss to a term, condition,
or privilege of employment. In addition, when considering the three
complaints together, we find that the alleged incidents, even if proven
to be true, would not indicate that complainant has been subjected
to harassment that was sufficiently severe or pervasive to alter the
conditions of his employment.
Accordingly, the agency's decision to dismiss complainant's complaint
was proper and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
January 17, 2001
__________________
Date