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
3
0120064933