Postmaster Setting Unrealistic Expectations May Serve As Grounds To File EEO Complaint

February 28, 2009 by postal
Filed under: eeo, legal cases, postal, usps 

Connie Williams, a  city carrier at the Hennessey Oklahoma Post Office alleged that she was subjected to discrimination based on her sex, age, and reprisal for prior protected EEO activity when she was harassed by her postmaster. The Postal Service dismissed the complaint claiming that Williams was not harmed. On appeal Williams argued she was harmed, and contended that the harassment continued. The EEOC found that the claimed actions of the postmaster, including setting unrealistic expectations for the amount of time for the employee to prepare and complete delivery of her route, were sufficient to state a claim of discrimination and reversed the Postal Service’s decision. Williams v. Potter- February 5, 2009

Note: As this EEO case points out: .. a violation of Title VII of the Civil Rights Act of 1964 may be predicated on either of two types of sexual harassment — (1) harassment that involves the conditioning of employment benefits on sexual favors, and (2) harassment that, while not affecting economic benefits, creates a hostile or offensive working environment.

In Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993), the Supreme Court reaffirmed the holding of Meritor Savings Bank v. Vinson, 477 U.S. 57, 67 (1986), that harassment is actionable if it is sufficiently severe or pervasive to alter the conditions of the complainant’s employment. The Court explained that an “objectively hostile or abusive work environment [is created when] a reasonable person would find [it] hostile or abusive” and the complainant subjectively perceives it as such. Harris,. Thus, not all claims of harassment are actionable. Where a complaint does not challenge an agency action or inaction regarding a specific term, condition or privilege of employment, a claim of harassment is actionable only if, allegedly, the harassment to which the complainant has been subjected was sufficiently severe or pervasive to alter the conditions of the complainant’s employment.

The following are excerpts from Williams EEO complaint:

In her June 24, 2008 complaint, complainant alleged that she was subjected to discrimination based on her sex (female), age  and reprisal for prior protected EEO activity when she was harassed from March 2, 2008, to the present by her postmaster.

Much of the claimed harassment was the postmaster setting unrealistic expectations for the amount of time complainant had to prepare and complete delivery of her route, and repeated close monitoring and observation of her at the post office and on her route, Complainant claimed these unrealistic expectations forced her to walk at an uncomfortable pace, and skip lunch and breaks. When she did not meet the postmaster’s expectations or engaged in allegedly time wasting activity, the postmaster allegedly kept up his intensive monitoring, pressured complainant with comments, threatened her with corrective and disciplinary actions, and on May 14, 2008, gave her a negative route evaluation.

To a lesser extent, complainant alleged that the postmaster harassed her about work practices relating to safety and a form. She raised an incident of the postmaster getting angry with her for not timely submitting and completing a form estimating route time, and warning her for not setting the emergency brake on her truck.

In her complaint, complainant also alleged that the postmaster discriminatorily inquired about her schedule with her second employer. The postmaster was trying to determine if complainant was working a second job while on sick leave. She also claimed that her request to come in early on April 16, 2008 so she would not have to use annual leave was denied by the postmaster, resulting in having to use leave. Complainant claimed that on April 21, 2008, the postmaster only granted a request for sick leave after she told him her doctor would speak to him personally if necessary.

Complainant also alleged in her complaint that the postmaster told offensive jokes. She also claimed therein that on several occasions he got very physically close to her while monitoring her, bringing her work, and retrieving things. She wrote that he once brushed up against her hand and another time up against her while he was reaching. Complainant contended this was unnecessary, and was sexual harassment.

The final agency decision dismissed the complaint for failure to state a claim. It reasoned complainant was not harmed. On appeal, complainant argues she was harmed, and contends the harassment is continuing. She alleges that the monitoring and comments about her productivity continue. She indicates that on or about October 15, 2008, the postmaster gave her a formal discussion for failure to signal and leaving a truck security door open, and also told her she was did not properly lift nor properly wear her seat belt. She alleges that the postmaster requires her to bring in medical documentation to account for each time she is off work due to stress. She also submits a letter of warning by the postmaster dated November 3, 2008, for failure to immediately report an injury to her back and deviating from her route.

The claimed actions of the postmaster setting unrealistic expectations for the amount of time for complainant to prepare and complete delivery of her route, coupled with repeated frequent intensive monitoring and observation of her and pressuring her with comments, threats of corrective and disciplinary actions; and a negative route evaluation state a claim. If these actions occurred as claimed and are discriminatory, this could alter the conditions of complainant’s employment. Complainant contends the above forces her to walk at an uncomfortable hurried pace, and to skip lunch and breaks. The remaining claimed actions are part of the harassment claim, i.e., the postmaster using his supervisory relationship to create a hostile work environment for complainant. This includes the incidents regarding denial of change of schedule, leave matters, comments about complainant’s safety practices and the form, the October 2008 formal discussion, the November 3, 2008 letter of warning, and the alleged sexual harassment and jokes. 

Tags:

Comments

28 Comments on Postmaster Setting Unrealistic Expectations May Serve As Grounds To File EEO Complaint

  1. PillPopperLimbaugh on Sat, 28th Feb 2009 11:49 pm

    2. Unions are our enemy. Management is our friend.

  2. Uncle Teddy on Sun, 1st Mar 2009 7:15 am

    3. Management a friend?? Pffft………….

  3. SA on Sun, 1st Mar 2009 2:19 pm

    4. What the PM needs is a good F–K–g ass kicking. Her co workers are probably laughing their asses off because it takes the pressure off them. Let,s see if the PM could do the work of this poor carriers who is he sure gets his rocks off because of the POWER.

  4. O Bam YoMama on Sun, 1st Mar 2009 2:40 pm

    5. Sounds like an obama supporter. The PM should have watched this trouble maker every day

  5. postman jack on Sun, 1st Mar 2009 3:11 pm

    6. So let me get this straight, she didn’t fill out the 3996 timely/properly, didn’t wear a seat belt, didn’t signal when turning, didn’t set the parking brake, didn’t secure the vehicle, deviated from the route, failed to immediately report an accident, and is possibly working a second job while on sick leave? Geez, I wonder why she is being watched so closely…

    Funny how those who do their job properly don’t usually have these kinds of problems.

  6. Carrier on Sun, 1st Mar 2009 5:04 pm

    7. To postman jack
    You must be management

    22 seconds late with 3996. Was wearing the lap belt but not the sholder belt. This could not be seen becouse the door was closed. Did set the parking break but not before taking her foot off the break. The security door between the driver and the mail storage conpartment was not locked. Did not realize that she had sustained a back injury as there was only one sharp pain and then she felt alright untill late that night when it started to hurt again. No evidance that she was working the second job while on sick leave.

  7. Lucky_Ape on Mon, 2nd Mar 2009 7:34 am

    8. I agree with postman jack…Carrier you might need to be watched a little closer yourself…

  8. Eyes wide open on Mon, 2nd Mar 2009 10:14 am

    9. Just another scumbag we will al pay for in higher taxes and lower wages or more work for the same wages. Any defenders of this person has not a clue that the system is a closed loop. The costs and unjust money she will gain on a successful settlement comes from the rest of us, so next time you are strugglng to pay your bills, don’t bitch.

  9. Jeff on Mon, 2nd Mar 2009 2:56 pm

    10. Don’t get mad — get even. Throw out the anchor and walk slow. Hit em where it hurts the most, in the numbers department. The carrier always has and always will have the upper hand when it comes to how long it takes to deliver the route. A wise old carrier once told me “ANY IDIOT CAN HAVE A HARD ROUTE’!!

  10. Postmasters need Adjusting!! on Mon, 2nd Mar 2009 3:01 pm

    11. I know exactly what you are talking about Connie. I have witnessed a carbon copy of your Postmaster in our office as well. I seems as if this is acceptable behavior in alot of offices. Stand to your guns and contact your local senators, legislature, and maybe a letter to the editor in your local newspaper, so general public can see why their letters and packages are delayed or lost!! Stay persistant and make an example of what management thinks if funny and exceptable!! I hope other guilty postmasters like this ROTT IN HELL!! Your day is coming, I guarantee it!!

  11. Jeff on Mon, 2nd Mar 2009 4:27 pm

    12. You aren’t paying attention, if you contact your elected officals, they will contact the USPS who in turn will “sweep” the abuse under the table. If everyone in the unit acts “more professionally” (ie doing everyhing according to the book), street times will expand, the numbers will turn to feces, and then and only then will the higher authorities began to look at the real probelms. Its all about the numbers!!! Wake up.

  12. TOLDUSO on Mon, 2nd Mar 2009 6:46 pm

    13. UNQUALIFIED MANAGERS RUN THE POST OFFICE. INSTEAD OF LEARNING FROM THEIR MISTAKES THEY RETALIATE AGAINST EMPLOYEES WHO CHOOSE TO EXERCISE THEIR RIGHT TO FILE AN EEO COMPLAINT. SINCE THE GRIEVANCE AND EEO PAYOUTS DO NOT COUNT TOWARD THE “NUMBERS” THE POSTMASTER GENERATES, THE POSTMASTER STILL LOOKS GOOD, LIKE HE IS DOING A GREAT JOB. HIS BOSSES DON’T CARE HOW HE ACHIEVES THE “NUMBERS” AND NEITHER DOES HE. HE’LL BE LONG GONE BY THE TIME THE EEO MONEY IS PAID OUT. HE’LL PROBABLY GET PROMOTED. IS IT ANY WONDER THAT THE POSTAL SERVICE IS LOSING SO MUCH MONEY?

  13. Manager on Thu, 5th Mar 2009 4:49 am

    14. HOW DARE YOU, CRAFT SLUG. IF NOT FOR MANAGEMENT, YOU COULDN’T FIND YOUR ASS WITH BOTH HANDS. CRAFT DOES NOTHING WITHOUT CONSTANTLY BEING PRODDED – LIKE CATTLE. YOU SHOULD JUST QUIT AND GO AWAY, YOU LITTLE CRY BABY. WHAAHH! THEY ARE SO MEAN TO ME. WANTING ME TO DO MY JOB. GET LOST LOSER.

  14. Jeff on Thu, 5th Mar 2009 5:57 am

    15. You had a job once. Probably were too Fu—-ing
    stupid or too lazy to continue so you went in managment. TOO bad for you that now that the ship is sinking, you will be one of the first to get tossed overboard but.

  15. Maverick1948 on Thu, 5th Mar 2009 11:28 am

    16. Do what I have done in the past. When the PM starts telling me I am too slow, I just say go with me and watch what I do. Then get you book out and read the proper method of delivery. If it continues and you are making overtime of 30 minutes 3 times a week, file a 271-G. Then when he says he will do the route check you ask for an inspector from outside the office that is acceptable to both management and the Union Region offices. Then follow the BOOK, take your lunch and break as well as a comfort break. As I said “FOLLOW THE BOOK”!!!!

  16. Craig on Thu, 5th Mar 2009 1:30 pm

    17. This is exactly why we are losing our tails in the global market. Managing a poor performer is labeled as harrasment. If all employees in this unit feel this way, there may be a problem. If this employee is in the minority, than she should take a look at herself. there are a lot of people out there that would love the opportunity to have our jobs, Postmaster to carrier, clerk and mailhandler. We need to cut all of the employees that are not getting it done….

  17. Postal Customer on Fri, 6th Mar 2009 5:27 am

    18. There are hundreds of thousands of people that would line up for your jobs, you whiners. If it’s too tough or the boss is too mean, then quit and stay at home, you babies. Good God!

  18. Postal Customer on Fri, 6th Mar 2009 7:02 pm

    19. I wouldn’t line up for your job. I collect my welfare, food stamps and anything else I can think of. My street drug costs are going up. I could get a job as a manager. I am lazy, stupid and can care less as long as I get my welfare money. Did I say I would work? See what happens when the drugs wear off!!!!!

  19. Postal Idiot on Sat, 7th Mar 2009 3:36 am

    20. Is the second postal customer a retard?

  20. Jeff on Sat, 7th Mar 2009 8:18 am

    21. If my job is so easy, WHY did my supervisor quit carring mail after only two months and threaten to quit unless they found other work for her. Anyone can shoot their mouth off about being able to do my job, but not many (especially the ones in management who tell us we are worthless and lazy) could tolerate the long hours in sub-zero temps, working almost every weekend, and putting up with the incompetence that we have to put up with. Most carriers act like they do because we are micro-managed by idiots who want to make a name for themselves. If we actually performed our jobs according to the way that we are suppose to, and followed all of the “petty” rules, most carriers would be getting overtime everyday.

  21. Postal Idiot on Sat, 7th Mar 2009 12:49 pm

    22. My name says it all.

  22. Anonymous on Tue, 10th Mar 2009 4:27 am

    23. I’m a manager. I was a letter carrier for a long time and I didn’t go into management because I couldn’t handle the job. Carriers walk for a living…that’s not so hard is it? No running, no jogging…you walk. The job for me was never physically hard, the hard part was that it was boring. Anyone who tries to defend a carrier that friviously files an EEO in an idiot. She wasn’t doing her job properly and was reprimanded for it. Big deal. Do the job the right way and you’ll be left alone. The carrier was asked to walk at an “uncomfortable pace”. The USPS is a place you “work” at. it doesn’t need to be enjoyable all the time and sometimes you just need to step it up. Maybe this lady should try to be a Laborer and see how comfortable that is while earning half the pay.

  23. True Professional on Tue, 10th Mar 2009 1:24 pm

    24. What is a manager, It is someone who is intrusted to organize and motivate the workforce by using proper management techniques without being biased because of race,religion,gender,seniority . They must 1st set very high standards for themselves so they are not seen as a total hipocrit.Any real professional has a good working relationship with all of there employees. If you go home at night with everyone hating your guts then you are not a good manager of people. All people want is fair and unbiased treatment. You treat them well and they will perform. Real leadership training has never been taught at the USPS because it is run by a lot of worthless uneducated idiots who sluffed there way into these upper management positions!! What a joke!

  24. Jeff on Wed, 11th Mar 2009 6:05 pm

    25. AMEN to that brother!!

  25. i saw what u did last summer on Sat, 18th Apr 2009 4:22 pm

    26. so true. most of the money go to the so called paid prostitutes the postmasters and managers hire for their on selfish reasons. that is generally why there is a problem, trying to keep the mistress paid. most have a “postal ho” so they say nothing. stop paying for in house prostitutes then there will be no 8.2 billion deficit.

  26. Union Man on Fri, 1st May 2009 9:31 pm

    27. I am not a manager or a supervisor, but a lot of you craft folks are making the rest of us look like lazy idiots. Slow down, drag an achor.

    Maybe that is one of the big reasons we are loosing so much money, we have too many idiots on board who think like you guys.

    And for the idiot that posted #25, I hope you go to work for UPS. Either you are on drugs or just a idiot.

  27. Anonymous on Thu, 28th May 2009 6:36 am

    28. all are idoits

  28. Anonymous on Thu, 28th May 2009 6:38 am

    29. why work hard when pm and superidiots let the ones work that just goof off.