01A23258
08-28-2002
Fred S. Nockroes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Fred S. Nockroes v. United States Postal Service
01A23258
August 28, 2002
.
Fred S. Nockroes,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A23258
Agency No. 4G-780-0439-01
DECISION
Upon review, the Commission finds that complainant's complaint
was properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) and
�1614.107(a)(2), for untimely EEO Counselor contact and for failure
to state a claim. In his complaint, complainant alleged that he was
subjected to discrimination on the basis of sex (male) when: (1) in
November 1998, he was sexually harassed by a female co-worker when she
alleged that he was being abused by his wife and put her telephone number
in his pocket; and (2) in August 2001, he learned that this co-worker was
being returned to the station where complainant worked and on January 11,
2002, the female worker looked at him up and down and blinked her eye.
The record discloses that the alleged discriminatory event in claim
one occurred on November 23, 1998, but complainant did not initiate
contact with an EEO Counselor until August 10, 2001, which is beyond
the forty-five (45) day limitation period. On appeal, complainant has
presented no persuasive arguments or evidence warranting an extension
of the time limit for initiating EEO Counselor contact. Accordingly,
the Commission finds that the agency's final decision to dismiss claim
one in the complaint as untimely was proper and the decision is affirmed.
The agency dismissed claim two on the grounds that it failed to state
a claim. Complainant alleged that he learned that the co-worker who
allegedly had harassed him in November 1998, was being returned to
the station and on January 22, 2002, she looked at him up and down and
blinked her eye. After a review of the record, the Commission finds that
complainant failed to establish any job related harm or injury due to the
alleged action of the co-worker or inaction of the agency. The Commission
finds that the agency's decision to dismiss claim two in the complaint
for failure to state a claim was proper and the decision 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
August 28, 2002
__________________
Date