01A32538_r
07-31-2003
Robert L. Anderson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Robert L. Anderson v. United States Postal Service
01A32538
July 31, 2003
.
Robert L. Anderson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A32538
Agency No. 1H-378-0002-03
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure
to state a claim. In a final decision dated February 13, 2003, the
agency defined complainant's discrimination complaint, based on race
and reprisal for prior EEO activity as follows:
For the past 18 months, complainant has been subjected to verbal assaults
by co-workers.
The agency's decision further states that complainant cited a specific
incident that occurred over a year ago with a named co-worker.
The agency further concludes that this incident was settled by a
"Stand-up Talk" with the co-worker's employees at which they were
reminded that this is a violence free workplace. The agency further
states complainant acknowledges the settled incident and another incident
in which two letters targeting complainant with racial slurs were left
in the employees' break room, as well as other unspecified incidents of
racial slurs and taunts, are all "not in question." The agency states
its belief that the only matter in question involves the complainant's
non-receipt of an apology from the offending individuals. The agency
therefore concludes that complainant's complaint fails to state a claim.
In a letter to the agency dated February 7, 2003, complainant explains
that he has been subjected to harassment over a period of 18 months and
that agency management failed to act appropriately after complainant
reported the various incidents. Complainant states that he was
specifically targeted by two letters containing racial slurs displayed
at the workplace, as well as with other slurs and taunts. Although
complainant states that he was harassed over an 18 month period, he has
failed to provide but a couple of examples. We find that allegations
described by complainant, when taken together as an overall claim of
harassment, are neither sufficiently severe or pervasive to state a
claim of harassment. Accordingly, the agency's dismissal pursuant to
29 C.F.R. � 1614.107(a)(1) for failure to state a claim is proper.
We therefore AFFIRM the agency's final decision.
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
July 31, 2003
__________________
Date