0120103483
04-18-2012
Randall L. Roberts, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.
Randall L. Roberts,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Appeal No. 0120103483
Agency No. 1F-944-0007-10
DECISION
Upon review, we find that the Agency’s decision dated July 19, 2010,
dismissing Complainant’s complaint for failure to state a claim is
proper pursuant to 29 C.F.R. §1614.107(a)(1). For the following reasons,
we AFFIRM the Agency’s decision.
BACKGROUND
In his complaint, Complainant alleged discrimination in reprisal for prior
EEO activity when since March 15, 2010, he has been subjected to hostile
work environment harassment in regards to: management engaged in rumor
spreading and innuendo in an attempt to cause friction between him and his
co-workers and to discredit his ability to represent employees. In its
final decision, the Agency dismissed the complaint for failure to state
a claim since Complainant was not aggrieved regarding a term, condition,
or privilege of his employment as a result of the alleged claims.
ANALYSIS AND FINDINGS
Upon review, we find that Complainant failed to show that he was harmed
regarding his employment as a result of the purported rumors and innuendo.
See Diaz v. Department of the Air Force, EEOC Request No. 05931049 (April
21, 1994). Furthermore, Complainant did not indicate the specificity
of the alleged incidents. The Commission has consistently held that
a remark or comment unaccompanied by concrete action is not a direct
and personal deprivation sufficient to render an individual aggrieved
for the purposes of Title VII. Henry v. USPS, EEOC Request No. 05940695
(February 9, 1995). Upon review, we do not find that purported rumor and
innuendo were sufficiently severe or pervasive to alter the conditions
of his employment such as to state a claim of 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).
In addition, Complainant claimed that he was denied official time
concerning his previously filed complaints. The Agency indicated that
since December, 2009, Complainant was provided 73.64 hours of official
time on the clock preparing for his numerous complaints. Complainant does
not dispute this. Since this matter concerns Complainant’s previously
filed complaints, Complainant is advised to raise such during the pendency
of those particular complaints.
CONCLUSION
Accordingly, the Agency’s decision dismissing Complainant’s complaint
is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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
77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
4/18/12
__________________
Date
2
0120103483
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013