01A31480
05-06-2003
Diane G. Proulx, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Diane G. Proulx v. United States Postal Service
01A31480
05-06-03
.
Diane G. Proulx,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A31480
Agency No. 4-H-320-0135-01
Hearing No. 150-A2-8298X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final order in the above-entitled matter.
Complainant alleged that the agency had discriminated against her on
the basis of sex (female) when she was subjected to a hostile work
environment from March 26, 2001 until May 25, 2001, when supervisors
called her to tell her of an affair with her husband. After a review of
the record in its entirety, including consideration of all statements
submitted on appeal, it is the decision of the Equal Employment
Opportunity Commission to affirm the agency's final order, because
the Administrative Judge's issuance of a decision without a hearing was
appropriate and a preponderance of the record evidence does not establish
that discrimination occurred.<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
___05-06-03_______________
Date
1 In her December 20, 2001 affidavit,
complainant stated that after a one week absence, she �was not allowed
to return to work for six weeks, even though [she] had a note from
[her] doctor]." The record does not reveal that a nexus exists between
complainant's claim of sexual harassment and management not allowing
her to return to work because the supervisor responsible for allowing
complainant to return to work is not the same supervisor that allegedly
harassed complainant. Therefore, because complainant is raising a
discrete act of discrimination with respect to the agency allowing her
to return to work, complainant is advised that if she wishes to pursue,
through the EEO process, this allegation, she shall initiate contact
with an EEO counselor within 15 days after she receives this decision.
The Commission advises the agency that, if complainant seeks EEO
counseling regarding said allegation within the above 15 day period, the
date complainant dated her affidavit, December 20, 2001, shall be deemed
to be the date of initial EEO contact, unless she previously contacted a
counselor regarding this matter, in which case the earlier date should
serve as the EEO counselor contact date. Qatsha v. Department of the
Navy, EEOC Request No. 05970201 (January 16, 1998).