01a03753
03-29-2001
Maria V. Ricasata, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Maria V. Ricasata v. United States Postal Service
01A03753
03-29-01
.
Maria V. Ricasata,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A03753
Agency Nos. 1F-941-1117-96
Hearing No. 370-97-X2738
DECISION
On April 26, 2000, Maria V. Ricasata (hereinafter referred to as
complainant) filed a timely appeal from the March 30, 2000, final action
of the United States Postal Service (hereinafter referred to as the
agency) concerning her complaint of unlawful employment discrimination in
violation of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. � 2000e et seq., and the Rehabilitation Act of 1973, as amended,
29 U.S.C. �� 791, 794(c). The appeal is timely filed (see 29 C.F.R. �
1614.402(a)) and is accepted in accordance with 29 C.F.R. � 1614.405.
For the reasons that follow, the agency's action is AFFIRMED.
The issue presented in this appeal is whether the complainant has proven,
by a preponderance of the evidence, that the agency discriminated against
her on the bases of sex, national origin (Filipino), disability (stress),
and reprisal for prior EEO activity pursuant to Title VII when she was
allegedly harassed and with regard to her work assignments in 1996.
Following an investigation, complainant requested a hearing before
an EEOC Administrative Judge (AJ). On March 6, 2000, the AJ issued a
decision without a hearing finding that the agency did not discriminate
against complainant. The agency agreed, and this appeal followed.
Complainant worked as a distribution clerk in the agency's airport
facility in San Francisco. Several years previous to the complaints
herein, complainant complained to her supervisors about co-workers who
drank and became intoxicated and that one hit her shoulder with his lunch
box while inebriated. Complainant contended that, as a result of that
complaint, (a) in May and September 1996, her supervisor (S1) assigned
her to different jobs and criticized her work; and (b) in September
1996, she was subjected to a hostile work environment. With regard
to her claims regarding work assignments, the AJ found that even if
complainant had established a prima facie case, the agency had articulated
a nondiscriminatory reason for its actions, i.e., new procedures and
employee absences required temporary changes in job assignments, and that
complainant failed to demonstrate that these reasons were not the true
reasons or were a sham or pretext for discrimination. The AJ found also
that complainant failed to show that she had been harassed or subjected
to a hostile work environment, nor did she demonstrate that any alleged
harassment was because of her protected bases of discrimination.<1>
After a careful review of the record, the Commission finds that the
decision of the AJ accurately states the facts and correctly applies
the pertinent principles of law. Accordingly, it is the decision of
the Commission to AFFIRM the agency's final action in this matter.<2>
CONCLUSION
Accordingly, the agency's final action was proper and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
___03-29-01_______________
Date
1At a preliminary hearing, the AJ requested that complainant provide
specific examples of actions by her co-workers or incidents that
demonstrated the alleged harassment, but she did not do so.
2After review of the record, the Commission also finds that the AJ's
issuance of a decision without a hearing was appropriate.