2020001545•EEOC Appeal 2020001545
Full text
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Crysta T.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Northeast Area), Agency. Appeal No. 2020001545 Hearing No. 520-2019-000361X Agency No. 1B-113-0014-18 DECISION Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission), pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s October 30, 2019, final decision concerning an equal employment opportunity (EEO) complaint claiming 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., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq. BACKGROUND During the period at issue, Complainant worked as a Mail Handler, PS 04 at the Agency’s Queens New York Processing and Distribution Center in Flushing, New York. On August 15, 2018, Complainant filed a formal EEO complaint claiming that the Agency subjected her to discriminatory harassment based on national origin (Virgin Islands), sex (female), color (black), disability (high blood pressure, right knee injury, fibroids, and anxiety), 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website.
2020001545 2 age (YOB: 1973), and in reprisal for prior protected EEO activity (Complainant filed prior EEO complaints) when: 2. on November 8, 2017, Complainant was subjected to insults and false allegations from management, and she was required to perform all work assignments without assistance; 3. on November 14, 2017, management stated in a loud tone, “I’ll pray for you;” 5. beginning in November of 2017 through January of 2018, Complainant was required to load and unload trucks on the platform without assistance, and perform other work duties with only one employee assisting; 6. beginning in April of 2018, Complainant was required to perform work task(s) without assistance; 7. beginning on or about April 18, 2018, Complainant was harassed by a co-worker and management did not address the issue; and 8. on or about May of 2018, management discussed and shared her medical information. After the investigation of the accepted claims, the Agency provided Complainant with a copy of the report of investigation and notice of the right to request a hearing before an EEOC Administrative (AJ) or a final decision within thirty days of receipt of the correspondence. Complainant timely requested a hearing but subsequently withdrew her hearing request. On October 30, 2019, the Agency issued the instant final decision, pursuant to 29 C.F.R. § 1614.110(b), finding no discrimination. 2 The instant appeal followed. 2 The record indicates that Complainant’s formal complaint included three additional claims which were dismissed by the Agency on procedural grounds. On appeal, Complainant does not dispute the dismissal of these claims. Therefore, we need not address these claims further in our decision.
2020001545 3 ANALYSIS AND FINDINGS Disparate Treatment – Claims 5 and 6 A claim of disparate treatment is examined under the three-part analysis first enunciated in McDonnell Douglas Corporation v. Green, 411 U.S. 792 (1973). For complainant to prevail, she must first establish a prima facie of discrimination by presenting facts that, if unexplained, reasonably give rise to an inference of discrimination, i.e., that a prohibited consideration was a factor in the adverse employment action. See McDonnell Douglas, 411 U.S. at 802; Furnco Construction Corp. v. Waters, 438 U.S. 567 (1978). The burden then shifts to the agency to articulate a legitimate, nondiscriminatory reason for its actions. See Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 253 (1981). Once the agency has met its burden, the complainant bears the ultimate responsibility to persuade the fact finder by a preponderance of the evidence that the agency acted on the basis of a prohibited reason. See St. Mary’s Honor Center v. Hicks, 509 U.S. 502 (1993). This established order of analysis in discrimination cases, in which the first step normally consists of determining the existence of a prima facie case, need not be followed in all cases. Where the agency has articulated a legitimate, nondiscriminatory reason for the personnel action at issue, the factual inquiry can proceed directly to the third step of the McDonnell Douglas analysis, the ultimate issue of whether complainant has shown by a preponderance of the evidence that the agency’s actions were motivated by discrimination. See U.S. Postal Service Board of Governors v. Aikens, 460 U.S. 711, 713-714 (1983); Hernandez v. Department of Transportation, EEOC Request No. 05900159 (June 28, 1990); Peterson v. Department of Health and Human Services, EEOC Request No. 05900467 (June 8, 1990); Washington v. Department of the Navy, EEOC Petition No. 03900056 (May 31, 1990). Complainant testified that she was diagnosed with fibroids in November 2013, high blood pressure in November 2014, anxiety in October 2015, and a knee condition in November 2017. Complainant indicated that management was aware of her high blood pressure as she had indicated that she had this condition in a prior grievance filed in May 2017. However, Complainant acknowledged that she did not disclose her anxiety condition to management and she only informed one management official of her fibroids on a date unspecified. Complainant stated that she did not have any work restrictions from these conditions. Instead, Complainant indicated that she was unable to timely complete her duties when she was assigned work without a partner. However, Complainant indicated that her personal limitations included the need for less stress due to her high blood pressure, no prolonged standing or driving due to her right knee condition, and sitting when she had fibroid issues.3 3 We presume for purposes of analysis only, and without so finding, that Complainant is an individual with a disability.
2020001545 4 Our review of the record indicates that the Agency articulated legitimate, non-discriminatory reasons for its actions. Claims 5 and 6 – Required to Load Trucks Without Assistance Complainant testified that she required to load and unload trucks without assistance on various dates and she was only provided an assistant on specific dates to complete these duties. Complainant identified several supervisors (“S1,” “S2,” and “S3”) and her manager (“M1”) as the responsible management officials during the periods at issue. S1, S2 and M1 testified that employees were required to load and unload trucks, but they were not required to complete these tasks with assistance. Additionally, the management officials indicated that the 110/Collection Platform (Tour 1) Complainant was assigned was too small to have more than three employees using sidewinders. The management officials also explained that the number of employees assigned to Tour 1 varied because the assignment was based on mail volume. S2, in particular, denied that Complainant was rushed or disciplined due to lack of work performance. Moreover, S1c testified that Complainant never worked the entire shift by herself because there were one or two other employees working on the platform with her. S3 clarified that Complainant would periodically work alone while other employees assigned to Tour 1 were on break or were at lunch. Moreover, the management officials did not indicate having knowledge of any work restrictions for Complainant. Although all management officials except S1a indicated that they were aware of Complainant’s prior EEO activity, all management officials denied that Complainant’s prior EEO activity factored into her assignment on the 110/Collection Platform. After careful consideration of the record, we conclude that neither during the investigation, nor on appeal, has Complainant proven, by a preponderance of the evidence, that these proffered reasons for the disputed actions were a pretext for unlawful discrimination based on Complainant’s National origin, sex, color, disability, age, and in reprisal for prior protected EEO activity. Consequently, Complainant’s claim of discriminatory harassment in claims 5 and 6 are precluded based on our findings that Complainant failed to establish that any of the actions taken by the Agency were motivated by her National origin, sex, color, disability, age, and in reprisal for prior protected EEO activity. See Oakley v. U.S. Postal Service, EEOC Appeal No. 019982923 (Sept. 21, 2000). Harassment: Claims 2, 3, 7, and 84 To establish a claim of discriminatory environment harassment, Complainant must show that: (1) she belongs to a statutorily protected class; (2) she was subjected to harassment in the form of 4 Complainant’s affidavit did not address claims 7 and 8.
2020001545 5 unwelcome verbal or physical conduct involving the protected class; (3) the harassment complained of was based on her statutorily protected class; (4) the harassment affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with the work environment and/or creating an intimidating, hostile, or offensive work environment; and (5) there is a basis for imputing liability. See Henson v. City of Dundee, 682 F.2d 897 (11th Cir. 1982). In other words, Complainant must establish that she was subjected to conduct that was either so severe or so pervasive that a “reasonable person” in Complainant’s position would have found the conduct to be hostile or abusive. Complainant must also prove that the conduct was taken because of a protected basis – in this case, her national origin, sex, color, disability, age, and in reprisal for prior protected EEO activity. Only if Complainant establishes both of those elements – hostility and motive – will the question of Agency liability present itself. We find that Complainant has failed to indicate that the Agency subjected her to discriminatory harassment for the remaining claims at issue. Claim 2 – Insults and False Claims by Management Complainant testified that she asked S1 for help and informed S1 that she was working in an unsafe work environment because there were post cons, hampers, and empty equipment, and bulk mail all on the work floor. However, Complainant explained that S1 yelled at her, did not listen to her, and called M1, who also refused to listen to Complainant. Complainant stated that she was required on November 8, 2017 to work alone from 3am – 4am, although Complainant indicated that she was uncertain whether S1 was aware that she was working alone. Nevertheless, Complainant indicated that she filed a hazard report and claimed that S1 falsely told M1 that she did not work alone and that she refused work. Complainant further indicated that M1 kept screaming, “You do not want to work,” and instructed S1 to send Complainant home. Complainant stated that she felt stressed, weak, dizzy, and she felt her blood pressure rising from the incident and S1 later found her the bathroom. Subsequently, Complainant indicated that she requested medical attention, but the Manager of Distribution Operations (“MDO”) stated, “Ambulance for what?” and “if your condition is not work-related we are not responsible to pay!” Complainant then stated that she responded that she had high blood pressure and she had her own health insurance. S1 testified that she did not remember the claim at issue. S1 indicated that she and Complainant “worked well together” and S1a indicated that she was unaware that Complainant had a medical condition. Regarding Complainant working alone, S1 stated that all employees work alone when riding because only one truck can be loaded at a time. Additionally, M1 denied yelling at Complainant and denied sending Complainant home early on the date at issue. M1 further indicates that she was unaware whether Complainant was required to work alone from 3 am to 4 am.
2020001545 6 The MDO acknowledged that he was aware of Complainant’s prior complaints because she had previously named him as a responsible management official even though he stated that he had no involvement with her claims. The MDO corroborated Complainant’s testimony that he informed Complainant that the Agency would not cover the cost of her ambulance because she was not injured on the job. The MDO explained that five times that year, Complainant had a habit of saying she did not feel well or going home/hospital when she was asked to perform an assignment, or when she did not get along with her co-workers. Given these past circumstances, the MDO therefore wanted to make sure that Complainant knew that she would be responsible for the ambulance cost. Claim 3 – “I’ll pray for you” Statement” Complainant testified that a supervisor (“S4”) initially assigned a co-worker to work with her, but later reassigned the co-worker to another area. Complainant indicated that she informed S4 that it was unfair for Complainant work by herself and Complainant stated that she informed S4 that she had high blood pressure. However, S4 responded by telling Complainant that she (S4) also had high blood pressure and that she would pray for Complainant. Complainant asserted that S4 later reported the incident to her management team, and Complainant was questioned by S1 about what happened. S4 denied that she told Complainant that she would pray for her after Complainant informed her of medical condition. S4 also indicated that she was unaware of any work restrictions for Complainant as she had not received any medical document to support a work restriction. S4 further indicated that Complainant’s work duties were to load, and unload trucks and these duties were to be performed independently. S4 clarified that the 110/Collection Platform Complainant (Tour 1) was assigned was the smallest platform and it had fewer trips which resulted in a variance of working needs on Tour. Claim 7 – Co-worker Harassment S2 acknowledged that Complainant had reported that she was being harassed by another co- worker (“CW1”). However, S2 explained that both Complainant and CW1 were having issues with each other which and both individuals needed a “sit down.” S2 further explained that a sit down occurred between CW1 and Complainant and management tried to resolve the issue but could not do so, because Complainant went out on medical leave. Another supervisor (“S5”) testified that Complainant had indicated that she was being harassed on April 18, 2018, but Complainant left the office and went out on sick leave on April 20, 2018 before statements could be collected from her and CW1. The MDO indicated that Complainant had reported to M1 that she had been harassed by co- worker. The MDO stated that management investigated the matter but found no basis for Complainant’s claims.
2020001545 7 The record also contains testimony from CW1’s manager who stated that she instructed CW1 not to contact Complainant, either the day of or day after, she had received a report claiming that CW1 was harassing Complainant. CW1’s manager stated that she followed up with CW1 a week later and CW1 indicated that there were no issues. Claim 8 – Sharing of Medical Information S2 confirmed that Complainant provided another co-worker (“CW2”) a medical record which CW2 delivered to S2. S2 clarified that the document she received did not state any medical conditions and that Complainant herself had given her own personal information to another employee. S2 acknowledged that she informed Complainant that she had received the medical record, but S2 could not remember what was also discussed during this conversation. Additionally, S2 denied sharing Complainant’s medical information Considering these claims, even if true, Complainant has not shown evidence that considerations of national origin, sex, color, disability, age, or retaliatory animus motivated management’s actions towards Complainant. The record reflects that Complainant admitted that she was uncertain whether S1a knew that she was working alone. Nevertheless, S1 explained that employees worked alone because only one truck can be loaded at a time. The record also reflects that the MDO indicated that Complainant had a habit of wanting to go home or go to the hospital when she was assigned work. Consequently, the MDO wanted Complainant to understand that she would incur a cost for an ambulance since she did not have a work-related injury. Additionally, S4 denied telling Complainant that she would pray for her, and the record reflects that the Agency investigated Complainant’s co-worker harassment, but the findings of the investigation did not support her claim. Finally, the record reflects that Complainant herself had shared her personal information with a co-worker. Beyond her bare assertions, there is no evidence that the disputed actions were motivated in any way by Complainant’s protected groups. As such, her claim of discriminatory harassment is precluded. See Oakley v. U.S. Postal Service, EEOC Appeal No. 01982923 (Sept. 21, 2000). Moreover, these incidents Complainant alleges are not sufficiently severe or pervasive as to constitute hostile work environment/harassment under Commission regulation. The incidents involved are of a type that typically arise out of ordinary workplace conflicts or communications. However, EEO laws are not a civility code. Rather, they forbid “only behavior so objectively offensive as to alter the conditions of the victim’s employment.” Oncale, 523 U.S. 75, 81 (1998). After careful review of the record, including Complainant's contentions on appeal, we find that Complainant failed to demonstrate that the Agency discriminated against her as alleged.
2020001545 8 CONCLUSION We AFFIRM the Agency’s final decision because the preponderance of the evidence of record does not establish that discrimination occurred. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0617) 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. A party shall have twenty (20) calendar days of receipt of another party’s timely request for reconsideration in which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. Complainant’s request may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 agency’s request must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). 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).
2020001545 9 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 (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations September 23, 2020 Date
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.