01A23978_r
10-23-2002
Reaudrey L. Hurst, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Reaudrey L. Hurst v. United States Postal Service
01A23978
October 23, 2002
.
Reaudrey L. Hurst,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A23978
Agency No. 1H-331-0124-99
DECISION
Complainant appeals to the Commission from the agency's June 18, 2002
decision concerning his complaint of unlawful employment discrimination.
The record reveals that during the relevant time, complainant was employed
as a Laborer Custodian in the Miami, Florida Processing and Distribution
center. Complainant alleges discrimination on the basis of sex when on
August 26, 1999, and earlier, his repeated reports of sexual harassment
by a male co-worker were not taken seriously. The agency's June 18,
2002 decision found that complainant had not shown, by a preponderance
of the evidence, that he was subjected to sexual harassment.
Complainant argues that he was sexually harassed by a co-worker when the
co-worker offered him $100.00 for oral sex. Complainant further contends
that the agency did not take his matter seriously. By affidavit dated
May 6, 2000, the co-worker denies the allegation. Further, no one else
was present during the incident. The record indicates that complainant
and the co-worker engaged in consensual sexual encounters prior to
the incident. The record contains a statement from the co-worker's
friend corroborating the co-worker's suggestions of prior consensual
sexual encounters. Furthermore, the record contains an affidavit by
a management official indicating that she heard complainant and the
co-worker �in conversations about men and their physiques.�
There is evidence in the record to support the agency's findings that
management took the matter into consideration. The record indicates that
management had conversations with complainant and co-workers regarding
the incident. An affidavit by the plant manager, indicates that he spoke
to both complainant and the co-worker and both indicated �that it was
not a problem.� The plant manager told complainant that he would be of
assistance if ever needed. Further, the plant manager would �from time
to time� ask complainant if things were alright to which complainant
would respond affirmatively. Moreover, complainant was reassigned to
another facility. Complainant has not shown, by a preponderance of the
evidence, that he was subjected to sexual harassment.
The agency's decision finding no discrimination is AFFIRMED.
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
October 23, 2002
__________________
Date