01A32976_r
09-25-2003
Glenn N. Leonard, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Glenn N. Leonard v. United States Postal Service
01A32976
September 25, 2003
.
Glenn N. Leonard,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A32976
Agency No. 4H-320-0202-00
DECISION
Complainant timely initiated an appeal from an agency's final decision
concerning his 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. The appeal is accepted pursuant to
29 C.F.R. � 1614.405.
The record reveals that during the relevant time, complainant was
employed as a part-time flexible window clerk at the agency's Destin,
Florida facility. Complainant sought EEO counseling and subsequently
filed a formal complaint on October 25, 2000, alleging that he was
discriminated against on the basis of his race (Black) when:
(1) On June 13, 2000, complainant was harassed and yelled at;
On June 13, 2000, and July 6, 2000, complainant was refused a break;
On July 25, 2000, complainant was told to get his training verified;
On August 21, 2000, complainant was accused of having the supervisor's
folder;
On August 26, 2000, complainant was followed; and
On August 29, 2000, complainant was yelled at.
At the conclusion of the investigation, complainant was informed of
his right to request a hearing before an EEOC Administrative Judge
or alternatively, to receive a final decision by the agency. When
complainant failed to respond within the time period specified in 29
C.F.R. � 1614.108(f), the agency issued a final decision.
In its final decision, the agency concluded that complainant failed
to prove that he was discriminated against on the basis of his race.
With regard to issue (1), the agency stated that the responding management
official did not recall yelling at complainant. With regard to issue (2),
the agency stated that complainant was not denied a break. The agency
noted that in July, complainant's supervisor told him to go home after
he learned that complainant was fifteen minutes from having worked
ten hours. With regard to issue (3), complainant's supervisor stated
that training has to be verified by a supervisor. With regard to issue
(4), complainant's supervisor acknowledged that he asked complainant
about the folder. With regard to issues (5) and (6), the agency noted
that supervisors make rounds to ensure that work is being performed.
The agency argued that complainant's claims do not rise to the level of
a hostile work environment claim. The agency concluded that complainant
did not establish that he was intentionally discriminated against based
on his race.
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 decision
because the preponderance of the evidence of record does not establish
that discrimination occurred.
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 25, 2003
__________________
Date