La Shea Walker, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMay 15, 2007
0120064933 (E.E.O.C. May. 15, 2007)

0120064933

05-15-2007

La Shea Walker, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


La Shea Walker,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01200649331

Agency No. 1J-483-0055-06

DECISION

Complainant filed a timely appeal with this Commission from the agency's

decision dated July 25, 2006, 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., 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. Upon review, the

Commission finds that complainant's complaint was properly dismissed.

During the relevant period, complainant was employed as a Mail Processing

Clerk at a Michigan facility of the agency. On June 8, 2006, complainant

initiated contact with an Equal Employment Opportunity (EEO) Counselor

and, subsequently, filed a formal EEO complaint dated July 10, 2006,

alleging that she was subjected to hostile work environment harassment on

the bases of sex (female), disability (cervical sprain), age (over 40),

and reprisal for prior protected EEO activity when (1) on January 30,

2006, a male supervisor (S1) slapped complainant on the back of her neck

although he knew she had a past neck injury2, (2) as recent as June 8,

2006, a female supervisor (S2) looked over complainant's shoulders and

stared at her while she worked and did the same in the past, and (3)

S2 failed to submit complainant's workers' compensation claim for her

neck injury in a timely manner.

In its July 25 final decision, the agency dismissed (1) pursuant to

29 C.F.R. � 1614.107(a)(2), for untimely EEO contact, and (2) and (3)

pursuant to 29 C.F.R. � 1614.107(a)(1), for failure to state a claim.

With regard to (1), we agree with the agency that complainant initiated

contact with an EEO Counselor in an untimely manner. Further, we find

that she failed to provide adequate justification to extend the statutory

time-frame. As to (2) and (3), we find that complainant failed to show

that she suffered a harm or loss with respect to a term, condition, or

privilege of employment for which there is a remedy, that the agency's

actions rose to the level of a hostile work environment, or that the

alleged actions were of a type reasonably likely to deter complainant

or others from engaging in protected activity. After a careful review

of the record, we AFFIRM the agency's dismissal of the instant complaint.

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

May 15, 2007

__________________

Date

1 Due to a new Commission data system, the instant case has been

redesignated with the above-referenced appeal number.

2 We note that, in May 2006, complainant underwent physical therapy

related to her neck and filed a charge of assault against S1 with the

local police department.

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0120071524 &

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

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0120064933