01A43419_r
10-15-2004
Julie Amos, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Julie Amos v. United States Postal Service
01A43419
October 15, 2004
.
Julie Amos,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A43419
Agency No. 4E-800-0550-03
DECISION
Complainant filed an appeal with this Commission from a March 29,
2004 agency decision, dismissing claims (1), (2), (3), and (5) of her
complaint pursuant to 29 C.F.R. � 1614.107(a)(1) for failure to state a
claim and claim (4) for failure to contact an EEO Counselor in a timely
manner pursuant to 29 C.F.R. � 1614.107(a)(2).
In her October 23, 2003 complaint, complainant alleged that she was
discriminated against on the bases of disability and reprisal for
prior EEO activity when: (1) on April 4, 2003, the Postmaster accused
complainant of signing a letter to postal patrons as if complainant
were the Postmaster, not the contact person; (2) on unspecified dates,
someone placed articles about workers' compensation fraud on complainant's
desk; (3) in the summer of 2002, during the Hayman fire, someone opened
the door and complainant could not breathe; (4) on unspecified dates,
complainant had to go through "red tape" in processing leave; and (5)
on unspecified dates, complainant was threatened with discipline.
On appeal, complainant asserts that the agency misdefined her complaint
because she was raising a hostile work environment claim and the claims,
as defined in the agency's decision, constituted incidents of the
alleged harassment.
The Commission finds that the complaint fails to state a claim under
the EEOC regulations because complainant has failed to show that as
a result of the agency's alleged conduct, she suffered a harm or loss
with respect to a term, condition, or privilege of employment for which
there is a remedy. See Diaz v. Department of the Air Force, EEOC Request
No. 05931049 (April 21, 1994). Moreover, the claims, considered as a
whole, do not state a claim of harassment. The alleged discriminatory
conduct was not sufficiently severe or pervasive to state such a
claim. See Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993).
The Commission also notes that where an allegation fails to render a
complainant aggrieved, the complaint is not converted into a cognizable
claim merely because complainant has requested compensatory damages.
See Girard v. Department of the Treasury, EEOC Request No. 05940379
(September 9, 1994); Larotonda v. United States Postal Service, EEOC
Appeal No. 01933846 (March 11, 1994). Having determined that the
complaint fails to state a claim, the Commission need not address the
agency's dismissal of claim (4) on the grounds of untimeliness.
Accordingly, the agency's 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
October 15, 2004
__________________
Date