Katherine G. Chaka, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionAug 19, 2008
0120082499 (E.E.O.C. Aug. 19, 2008)

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