01a24815
09-17-2003
William C. Stiehl, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
William C. Stiehl v. United States Postal Service
01A24815
September 17, 2003
.
William C. Stiehl,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A24815
Agency No. 1H336011702
DECISION
Complainant filed a timely appeal with this Commission from the
final agency decision dismissing his complaint of unlawful 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.
On May 2, 2002, complainant contacted the EEO office, alleging that
he was subjected to discriminatory harassment on the bases of race,
sex and in reprisal for prior protected activity. Informal efforts to
resolve complainant's concerns were unsuccessful. On June 24, 2002,
complainant filed a formal complaint.
In its final decision, dated August 1, 2002, the agency determined that
complainant's complaint was comprised of two claims, that were identified
as follows:
On May 7, 2002, two e-mail messages with heavy racial tones were left on
[complainant's] desk, and;
Since filing the subject complaint complainant's �medical privacy� was
violated when his supervisor placed a sign on the time clock stating
that [complainant] needed a medical release in order to return to duty.
In his formal complaint, complainant asserted that this action was
undertaken to allow complainant's co-workers to know that complainant
is suffering from a stress-related condition requiring medical clearance.
The agency dismissed the instant complaint for failure to state a claim,
finding that in claim (1), complainant did not suffer a personal loss
or harm regarding a term, condition or privilege of his employment as a
result of receiving e-mails with racial comments. The agency dismissed
claim (2) because Privacy Act violations are not a basis covered by
Federal EEO law.
The Commission determines that the agency improperly characterized the
instant complaint as being comprised solely of the two matters identified
above, and the agency improperly dismissed the complaint for failure to
state a claim.
In his formal complaint, complainant cited other instances of alleged
harassment that were not addressed in the agency's final decision.
For example, complainant claimed that he was denied a Change of Schedule
for medical treatment; that he was falsely accused of manipulation of
postal email for the purpose of filing a fraudulent OWCP claim; that
he was denied Family and Medical Leave when his wife was on a critical
medical condition, and that he was ordered to take Leave Without Pay with
the threat of being terminated; that he was removed from his preferred
duties, such as scheduling; and that he was not allowed to serve as
acting manager while other employees were provided with the opportunity.
The Commission finds that a fair reading of complainant's complaint
reflects that he is alleging that he was the victim of harassment.
The Commission has previously held that an agency should not ignore the
�pattern aspect� of a complainant's claims and define the issues in a
piecemeal manner where an analogous theme unites the matters complained
of. Meaney v. Department of the Treasury, EEOC Request No. 05940169
(November 3, 1994). By alleging a pattern of harassment, complainant
has stated a cognizable claim under the EEOC regulations. See Cervantes
v. USPS, EEOC Request No. 05930303 (November 12, 1993).
Accordingly, the agency's final decision dismissing complainant's
complaint is REVERSED. The complaint as defined herein is REMANDED to
the agency for further processing in accordance with this decision and
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 (K0501)
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)
(1994 & Supp. IV 1999). 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 (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 (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
September 17, 2003
__________________
Date