Decision
Complainant filed a timely appeal with this Commission from the agency's decision dated November 13, 2009, dismissing her 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.

At the time of the events at issue, complainant was employed by the agency as a Part-time Flexible Clerk at the Waverly, Pennsylvania Post Office. In her complaint, complainant alleged that she was subjected to harassment on the basis of sex (female) from February through September 2009.

In her complainant, complainant alleged that the Waverly Postmaster demonstrated harassing and intimidating behavior towards her from the onset of their professional relationship. She asserted that the Postmaster was dismissive and often did not acknowledge her presence. She said he embarrassed complainant in front of her co-workers, spoke to her in a belligerent tone, glared and rolled his eyes at her, incorrectly accused her of wrongdoings, and improperly threatened her with disciplinary action. Other female employees told complainant that the Postmaster's behavior towards them was disrespectful as well, though complainant believed that he treated her much more harshly. Conversely, complainant said that the Postmaster's behavior towards the only male employee with whom complainant has seen him interact has been consistently amiable and respectful.

In support of her claim of harassment, complainant indicated that the following events occurred: 

1. The Postmaster entered the office abruptly, stomped around the office in a manner suggesting anger, and did not address either complainant or her co-worker (C1, female). He interrogated complainant about her duties. He pulled out the C1's statement of accounts from two days before and asked complainant, in a tone that suggested anger, why complainant had corrected the statement for someone else. Complainant found his behavior to be rude and aggressive.

2. The Postmaster was on the phone with his boss (female) explaining why his up-time was not met. At the conclusion of the call, the Postmaster slammed down the phone and angrily and loudly said, "Bitch!" in front of complainant and another co-worker (C2, female). Complainant felt frightened and intimidated by the Postmaster's outburst and surprised by his disrespect for his boss.

3. C2 told complainant that the Postmaster referred to the Postal Manager (Manager, female) as "the troll." Complainant indicated that she felt uncomfortable and demeaned as a result.

4. On May 9, 2009, complainant worked alone. Normally, complainant indicated that a second employee is detailed to the office to help process the mail. Complainant phoned the Postmaster to request help as there was too much mail for her to process by herself. The Postmaster refused and told complainant to complete it herself. She felt very stressed by the volume of work assigned and that her boss ignored her request for assistance in an abusive tone.

5. On June 11, 2009, the Postmaster accused complainant via email that she had authorized a co-worker (C3, female) to work an extra hour the following day. Complainant did not do this for she lacked the authority to make such decisions.

6. On June 13, 2009, the Postmaster stated, "People say that Barack Obama is our first Black president. He's not. In my day, they called them 'colored."' Complainant felt uncomfortable hearing what she interpreted to be a racial slur at work.

7. On September 8, 2009, in accordance with procedures, complainant picked up the second class mail out of the non-linear tub but, working hurriedly in an effort to meet her work demands, complainant finished the mail distribution by 11:00 A.M. and met her up-time. Mail that was received late Monday and coded for Wednesday delivery had a magazine in it. The Postmaster saw the magazine and said, "Anybody that did that would be suspended." He further stated that if complainant scanned the box section and there were any magazines in the non-linear measurement tub, that complainant would be guilty of fraud. Complainant felt fearful in response to his threats and incredulous that he was making a large issue over what is common practice.

8. On September 14, 2009, the Postmaster asked complainant "Why is there 1 51 class mail in this PO box that has a 'temporary forward' on it? There are four 1 51 class letters in here (the mail was supposed to be forwarded to the customer's temporary out-of-town address and not placed in their PO box)." Complainant indicated that she did not put those letters in the box.

9. On September 15, 2009, the Postmaster and a returning Postmaster (P2) were at the post office preparing to "transfer" the office from the Postmaster back to P2. Complainant was working on a two-person job alone when the Postmaster turned to her and, in a sarcastic and disrespectful tone said, "Better get a move-on then." This comment left complainant feeling humiliated, demeaned, and embarrassed especially since it was said in front of P2.

10. On September 16, 2009, complainant believed that the Postmaster had created a problem in order to blame complainant.

11. Complainant alleged that the Postmaster constantly challenged complainant to justify her work-related activity when she was just following procedures.

12. Complainant was accused of many bank deposit errors.

13. On September 16, 2009, complainant was accused of coming in to work late by the Postmaster.

14. On September 11, 2009, the office had a custom of having two clerks working on Fridays; however complainant was schedule to work alone. The Postmaster stated that if she needed help to call him and he would come and assist complainant. Complainant tried to reach out to the Postmaster at 9:00 A.M. but was told he was at a doctor's appointment. Complainant felt she was left in a predicament.

15. On September 17, 2009, complainant's co-worker (C4, female) told her that she felt the Postmaster was abusing complainant.

The regulation set forth at 29 C.F.R. § 1614.107(a)(1) provides, in relevant part, that an agency shall dismiss a complaint that fails to state a claim. A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the complainant cannot prove a set of facts in support of the claim which would entitle the complainant to relief. The trier of fact must consider all of the alleged harassing incidents and remarks, and considering them together in the light most favorable to the complainant, determine whether they are sufficient to state a claim. Cobb v. Department of the Treasury, EEOC Request No. 05970077 (March 13, 1997).

Where, as here, a complainant has not alleged disparate treatment regarding a specific term, condition, or privilege of employment, the Commission will examine whether a complainant's allegations, when considered together and assumed to be true, are sufficient to state a hostile or abusive work environment claim. See Estate of Routson v. National Aeronautics and Space Administration, EEOC Request No. 05970388 (February 26, 1999). Even if harassing conduct produces no tangible effects, a complainant may assert a cause of action if the discriminatory conduct was so severe or pervasive that it created a work environment abusive to complainant because of her race, gender, religion, national origin, age or disability. Rideout v. Department of the Army, EEOC Appeal No. 01933866 (November 22, 1995) (citing Harris v. Forklift Systems, Inc., 510 U.S. 17, 22 (1993)) request for reconsideration denied EEOC Request No. 05970995 (May 20, 1999).

In the instant matter, we find that complainant has alleged sufficient facts that, if considered together, state a viable claim of discriminatory hostile work environment that warrants further investigation and processing. Accordingly, the agency's dismissal of the complaint is REVERSED and the matter is REMANDED to the agency for further processing in accordance with the following Order.

Order 
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. [f 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
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
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-H0), 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
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. "Ag ency" 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
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").