0120082499
08-19-2008
Katherine G. Chaka, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Katherine G. Chaka,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120082499
Agency No. 4G770010008
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated April 20, 2008, dismissing her 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. In her
complaint, complainant alleged that she was subjected to discrimination
on the basis of reprisal for prior protected EEO activity under an EEO
statute that was unspecified in the record when:
1. From November 2, 2007 through January 2008 complainant was subjected
to harassment.
The agency dismissed the claim for failure to state a claim. The agency
noted that complainant's allegations of harassment consisted of the
following incidents: exit doors were left open; the Postmaster walked
barefoot on the workroom floor; telephones were not answered and cell
phones were used frequently on the work room floor; the Postmaster
whispered to a coworker when the coworker made mistakes, but announced
complainant's mistakes to the workroom floor; complainant was required
to show her badge; complainant was not allowed to PM [sic] cases; an
Item -13 [sic] routing slip was not made available to complainant; and
the Postmaster refused to turn in complainant's edit sheet. The agency
concluded that the allegations were insufficiently severe to state a
claim of harassment. On appeal1, complainant contends that the actions
are unsafe in the workplace, cause stress and aggravation, and that
sometimes her stomach bothers her and she has trouble concentrating.
Following a review of the record, the Commission finds that the complaint
fails to state a claim under the EEOC regulations because complainant
failed to show that she was subjected to unwelcome verbal or physical
conduct involving her protected class, that the harassment complained of
was based on her statutorily protected class, and that the harassment
had the purpose or effect of unreasonably interfering with her work
performance and/or creating an intimidating, hostile, or offensive
work environment. See McCleod v. Social Security Administration, EEOC
Appeal No. 01963810 (August 5, 1999) (citing Henson v. City of Dundee,
682 F.2d 897 (11th Cir. 1982). Nor has she shown she suffered 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). Finally, as regards complainant's
contention that the agency's actions caused stress and aggravation, we
note that the Commission has long held that where an allegation fails
to render an individual aggrieved, the complaint is not converted into
a cognizable claim merely because complainant alleges physical and/or
emotional injury. See Larotonda v. United States Postal Service, EEOC
Appeal No. 01933846 (March 11, 1994). Accordingly, the agency's final
decision dismissing complainant's complaint is affirmed.
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 19, 2008
__________________
Date
1 Complainant also raises a new issue on appeal: she was denied
representation. If complainant wishes to pursue a claim on this issue
she should contact an EEO Counselor, pursuant to 29 C.F.R. � 1614.105
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0120082499
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120082499