0120070134
08-01-2008
Valetta Taylor, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Valetta Taylor,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120070134
Hearing No. 430-2006-00114X
Agency No. 4K-230-0046-06
DECISION
Complainant filed an appeal from the agency's final action dated August
31, 2006, finding no discrimination with regard to her complaint.
In her complaint, dated December 29, 2005, complainant, an unassigned
Full-Time Sales Service Associate (SSA), alleged discrimination based
on race (African American) and sex (female) when: on October 28, 2005,
she was assaulted by a coworker; and on October 29, 2005, management
transferred her to another station as a result of the assault.
Upon completion of the investigation of the complaint, complainant
requested a hearing before an EEOC Administrative Judge (AJ). On August
22, 2006, the AJ issued a decision without holding a hearing, finding no
discrimination. The agency's final action implemented the AJ's decision.
The Commission's regulations allow an AJ to issue a decision without a
hearing when he or she finds that there is no genuine issue of material
fact. 29 C.F.R. � 1614.109(g). This regulation is patterned after the
summary judgment procedure set forth in Rule 56 of the Federal Rules of
Civil Procedure. The U.S. Supreme Court has held that summary judgment
is appropriate where a court determines that, given the substantive
legal and evidentiary standards that apply to the case, there exists
no genuine issue of material fact. Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 255 (1986). In ruling on a motion for summary judgment,
a court's function is not to weigh the evidence but rather to determine
whether there are genuine issues for trial. Id. at 249. The evidence of
the non-moving party must be believed at the summary judgment stage and
all justifiable inferences must be drawn in the non-moving party's favor.
Id. at 255. An issue of fact is "genuine" if the evidence is such that
a reasonable fact finder could find in favor of the non-moving party.
Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Oliver v. Digital
Equip. Corp., 846 F.2D 103, 105 (1st Cir. 1988). A fact is "material"
if it has the potential to affect the outcome of the case.
The Commission finds that grant of summary judgment was appropriate,
as no genuine dispute of material fact exists. In this case, the AJ
determined that, assuming arguendo that complainant had established a
prima facie case of discrimination, the agency articulated legitimate,
nondiscriminatory reasons for the alleged incidents. The record indicates
that on October 28, 2005, complainant reported that while she was assigned
to the Princess Anne Station, Virginia Beach, Virginia, she was pushed
by her coworker, the Lead SSA, who was also African American, female,
who also reported that she was pushed by complainant before she pushed
complainant. Complainant's Postmaster stated that he made the decision
to move complainant to a different station the next day on October
29, 2005, because she informed him that she felt unsafe working at the
Princess Anne Station with the Lead SSA. The Postmaster also stated that
complainant's transfer would also allow time to investigate the incident.
He indicated that under the contract, complainant could be moved to any
unit within the city because she did not have a bid assignment as she
was an Unassigned Regular, whereas the Lead SSA had a bid position at
Princess Anne Station and could not be moved.
Complainant claimed that she should have been transferred to the
London Bridge Station, instead of the Seapines Station which was
further away and caused an undue hardship due to her child daycare
arrangement. Complainant's manager concurring with the Postmaster's
statements indicated that she made the decision of which station to
transfer complainant to and she chose the station she did, i.e., the
Seapines Station, because she was in dire need of a PTF to replace
complainant and the Acting Manager at the Seapines Station agreed to
let her have a PTF, who was also African American, female, in exchange
for complainant.
The AJ noted that as a result of the alleged assault incident, the Lead
SSA received a Notice of Seven Day Suspension on November 4, 2005.
Upon review, we find that complainant failed to rebut the agency's
legitimate, nondiscriminatory reasons for the alleged actions. We also
find that complainant failed to provide any evidence that any similarly
situated employees were treated differently than she was.
Accordingly, the agency's final action is AFFIRMED.
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
8/1/08
__________________
Date
2
0120070134
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036