01A30410_r
03-17-2003
Abdul H. Qazi, Complainant, v. Elaine Chao, Secretary, Department of Labor, Agency.
Abdul H. Qazi v. Department of Labor
01A30410
March 17, 2003
.
Abdul H. Qazi,
Complainant,
v.
Elaine Chao,
Secretary,
Department of Labor,
Agency.
Appeal No. 01A30410
Agency No. 01-05-061
DECISION
Complainant appeals to the Commission from the agency's September 6,
2002 decision finding no discrimination. According to the agency's
decision, complainant alleges discrimination on the bases of religion,
age and sex when, on October 16, 2000, he received a �Highly Effective�
summary rating instead of an �Outstanding� rating for the appraisal
period from October 1, 1999 through September 30, 2000. The agency, in
its decision concluded that it asserted a legitimate, nondiscriminatory
reason for its actions, which complainant failed to rebut.
We find that the agency has articulated a legitimate, nondiscriminatory
reason for the �Highly Effective� summary rating. Specifically, the Area
Director stated that complainant was overall a good employee, but that
complainant did nothing out of the ordinary on performance element #2,
�Managing Innovation,� during the appraisal period. The Area Director
said that in order to receive an �Outstanding� rating an employee must
do above and beyond the basic standards. He mentioned that he gave an
�Outstanding� rating to a Team Leader, who supervised two teams after the
promotion of another Team Leader, developed a method to retrieve material
on electronically filed inspections to ensure the office was rated 100
percent in handling the new initiative, and established inspection cycles
to keep employees productive. Additionally, the Deputy Regional Director
mentioned that she relied on the Area Director's comments supporting
complainant's rating inasmuch as complainant never submitted any comments
on his appraisal.
Complainant has failed to show that the agency's reasons are pretext
for discrimination. Complainant has not rebutted the agency's argument
that its actions were without discriminatory motive. We find that
complainant has failed to show, by a preponderance of the evidence,
that he was discriminated against on the bases of religion, age and sex.
The agency's decision finding no discrimination is AFFIRMED.
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 (S0900)
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 (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
March 17, 2003
__________________
Date