01A05642
11-28-2000
Roderick E. Patrick, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Roderick E. Patrick v. U.S. Postal Service
01A05642
November 28, 2000
.
Roderick E. Patrick,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A05642
Agency No. 4-D-230-0172-00
DECISION
Complainant filed a timely appeal with this Commission from an agency's
decision dated July 25, 2000, dismissing his complaint of unlawful
employment discrimination brought under Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. � 2000e et seq.<1>
In his complaint, complainant claims that he was subjected to harassment
based on reprisal for prior EEO activity when, on March 21, 2000, his
Manager approached him in a menacing manner, and loudly made degrading
remarks about complainant's light duty assignment. Complainant
additionally indicates that the Manager then went over to a nearby
co-worker and asked him how to obtain a handgun with the purpose of
further threatening and intimidating complainant, placing him in fear
for his life.
In its final decision, the agency framed complainant's claims as follows:
On March 25, 2000, during a weekly safety talk, an Academy Trainer,
stated that complainant's Manager poses a threat and a danger;
On March 21, 2000, complainant's Manager expressed words of hostility
and violence; and,
On March 1, 2000, during a Stand Up Talk, the Manager said �I got your
number Buddy.�
The agency then dismissed the entire complaint on the grounds of failure
to state a claim finding that complainant was not aggrieved by mere words,
noting that the agency took no action against the complainant regarding
this matter. 29 C.F.R. � 1614.107(a)(1)
Complainant now appeals this dismissal.
In this case, complainant claims harassment due to a hostile work
environment on the basis of reprisal. The Commission views reprisal
claims broadly, and we take the position that adverse actions need not
qualify as "ultimate employment actions" or materially affect the terms
and conditions of employment in order to set forth an actionable claim
of reprisal. See EEOC Compliance Manual, No. 915.003 (May 20, 1998).
Instead, the Commission interprets the statutory retaliation clauses
as prohibiting any adverse treatment that is based upon a retaliatory
motive and is reasonably likely to deter the employee from engaging in
protected activity. Id.
In this instant case, we find that Manager's conduct on March 21, 2000,
sufficiently severe as to rise to the level of an actionable claim
of retaliatory harassment. See Harris v. Forklift Systems, Inc., 510
U.S. 17,21 (1993); Cobb v. Department of the Treasury, EEOC Request
No. 05970077 (March 13, 1997). First, complainant has provided
several witness statements attesting that the Manager's voice during
the incident was hostile, threatening, and excessively loud. Secondly,
we find that the Manager's inquiry about where to obtain a handgun was
done in the presence of complainant with the purpose of threatening him
with serious bodily violence. Moreover, complainant contends that the
Manager frequently treats him in a hostile, demeaning, threatening manner,
as evidenced by the �I got your number Buddy� statement, and the fact
that the Manager was identified as a danger in a safety talk. Thus,
complainant contends that the March 21, 2000, although particularly
severe, is not an isolated incident, but part of on-going harassment
due to a hostile work environment.
After careful review, we find that the agency's final decision improperly
framed and dismissed the claims in the instant complaint. Accordingly,
we REVERSE the agency's dismissal, and REMAND the complaint back to the
agency for processing consistent with the ORDER below.
ORDER (E0900)
The agency is ordered to process the remanded claims in accordance with
29 C.F.R. � 1614.108. The agency shall acknowledge to the complainant
that it has received the remanded claims within thirty (30) calendar
days of the date this decision becomes final. The agency shall issue
to complainant a copy of the investigative file and also shall notify
complainant of the appropriate rights within one hundred fifty (150)
calendar days of the date this decision becomes final, unless the matter
is otherwise resolved prior to that time. If the complainant requests a
final decision without a hearing, the agency shall issue a final decision
within sixty (60) days of receipt of complainant's request.
A copy of the agency's letter of acknowledgment to complainant and a
copy of the notice that transmits the investigative file and notice of
rights must be sent to the Compliance Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement of
the order. 29 C.F.R. � 1614.503(a). The complainant also has the right
to file a civil action to enforce compliance with the Commission's order
prior to or following an administrative petition for enforcement. See 29
C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively,
the complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action
for enforcement or a civil action on the underlying complaint is subject
to the deadline stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the
complainant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. � 1614.409.
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 (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. 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
November 28, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.