0120081231
05-13-2008
Paula J. Staub, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Paula J. Staub,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120081231
Agency No. 5H000001205
Hearing No. 570200600086X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's November 28, 2007 final order concerning
her equal employment opportunity (EEO) complaint alleging 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. and the Age
Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. �
621 et seq.
Complainant alleged that the agency discriminated against her on the
bases of sex (female) and age (48) when: on April 16, 2005, she was
reassigned to the position of Health Care Fraud Specialist; and when
the following occurred: she was subjected to harassment on March 21,
2005, when she was not assigned a two-week temporary assignment as Acting
Special Agent in Charge; on April 7, 2005, when she was issued a proposed
letter of warning in lieu of a 14-day suspension; and, from June 2004 -
August 2005, she encountered several situations that she believed created
a hostile work environment.
On November 15, 2007, and after a hearing in this matter, the
Administrative Judge (AJ) issued a decision finding no discrimination.
In reaching this decision, the Administrative Judge initially found
that complainant had established a prima facie case of discrimination.
Concerning disparate treatment and harassment, the AJ found that
the agency had articulated legitimate non-discriminatory reasons
for its actions, mainly, that complainant's lack of professionalism,
tact, and respect was intolerable to her management, especially her
immediate supervisor. Moreover, complainant's supervisor testified that
he believed complainant had violated his trust on several occasions.
As the AJ stated, it is very clear from this supervisor's testimony that
he "did not wish to continue a working relationship with a subordinate
he found professionally unacceptable." With regard to the allegation
of disparate treatment on the basis of her reassignment, complainant
failed to proffer any evidence. The AJ noted, the record is replete
with examples illustrating complainant's conflicts with her supervisor,
her misconduct, and her unwillingness to accept the lawful decisions and
instructions of her superiors. The AJ further noted that complainant's
own witnesses testified to personality conflict between her and her
immediate supervisor. Lastly, the AJ found that complainant did not
meet her burden of showing that the agency's articulated reasons were
a pretext for discrimination, and noted that personality conflicts
not based on membership in a protected class cannot be remedied by
the Commission.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the final agency order because
the Administrative Judge's ultimate finding, that unlawful employment
discrimination was not proven by a preponderance of the evidence, is
supported by the record.
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
May 13, 2008
__________________
Date
2
0120081231
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0120081231