01-2007-0326_Hunter
08-04-2008
Jacquelyn Hunter, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area) Agency.
Jacquelyn Hunter,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area)
Agency.
Appeal No. 0120070326
Agency No. 1F901000505
Hearing No. 340-2005-00627X1
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's September 19, 2006 final decision concerning
her equal employment opportunity (EEO) complaint alleging 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., Section 501 of the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. �
791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA),
as amended, 29 U.S.C. � 621 et seq. Complainant alleged that the agency
discriminated against her on the bases of race (Black), sex (female),
color (black), disability (unspecified), age (44), and reprisal (prior
protected EEO activity) when on October 27, 2004 she was issued a Notice
of Suspension - 14 Days, dated October 14, 2004.
The agency concluded that complainant failed to present evidence to
contradict the agency's legitimate, non-discriminatory reasons for
the employment action. The agency noted that the following facts were
established by the preponderance of the evidence.
Numerous management officials corroborate the supervisor's (S1) testimony
that on October 14, 2004, complainant indicated she did not want a
particular employee working in her area. S1 states that in response,
she told complainant to return to her assignment and perform her duties,
but instead, complainant became "very loud, belligerent and disruptive
to the unit" and also used profane language. Shortly thereafter, S1
observed that complainant was not performing her job duties. At that
time, S1 instructed complainant to get back to work. In response,
complainant became "very, very abusive, loud, belligerent, cursing,
repeatedly using vulgar curse words." S1 also noted that complainant then
walked away from her assignment and attempted to use the phone, at which
time S1 again told her return to her assignment. Complainant ignored
S1's instructions and walked away from her work area, while continuing
to behave erratically. Ultimately, the situation was resolved by the
Postal Police escorting complainant from the premises. Complainant was
suspended due to her intolerable behavior.
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.2
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0408)
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 (S0408)
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 (Z0408)
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 4, 2008
__________________
Date
1 Complainant initially requested a hearing, but later voluntarily
withdrew this request.
2 We find the record devoid of evidence of pretext or
discriminatory/retaliatory animus.
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0120070326
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036