01A12201
06-25-2002
Alfreda H. McKinley, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Alfreda H. McKinley v. Department of Veterans Affairs
01A12201
June 25, 2002
.
Alfreda H. McKinley,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A12201
Agency Nos. 99-2675; 99-3241; 99-4944; 99-5683
DECISION
Complainant timely initiated an appeal from a final agency decision
concerning 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. The appeal is accepted for the
Commission's de novo review pursuant to 29 C.F.R. � 1614.405. For the
following reasons, the Commission affirms the agency's final decision.
The record reveals that during the relevant time, complainant was
employed as a Secretary at the agency's Medical Center in Washington, DC.
Complainant sought EEO counseling and subsequently filed four formal
complaints alleging that she was discriminated against and harassed on
the bases of race (Black), color (brown), sex (female), and in reprisal
for prior EEO activity arising under Title VII when: she was not given
a new computer; she was not given professional training in the area of
computers and office operation; she was not given sufficient time to
complete assignments; her performance standards were changed, she was
given new duties without being promoted; her performance was criticized;
her supervisors threatened her with termination and reassignment; she was
criticized for taking leave; she had to stay late past her tour of duty;
she was pressured to work a regular schedule rather than a compressed
schedule; she was detailed to Resource Management Service, Voluntary
Services and Radiation Therapy; she was not given sufficient work to do
in Resource Management and insufficient training; the Director of the
facility refused to meet with her; she was threatened with demotion; she
was pressured to agree to a settlement agreement requiring a transfer
to Arlington, Virginia; she was not given a work station in Radiation
Therapy; she was denied access to her work area; she was threatened with
being placed on AWOL; she was placed on AWOL and LWOP with the result
that she missed a paycheck; and she was subjected to hostile and abusive
verbal comments. Complainant also claims that she was sexually harassed
between 1995 and 1996.
At the conclusion of the investigation, during which complainant refused
to submit an affidavit to the investigator, complainant was informed
of her right to request a hearing before an EEOC Administrative
Judge or alternatively, to receive a final decision by the agency.
Complainant requested that the agency issue a final decision. The agency
issued a final decision finding no discrimination on January 16, 2001.
Complainant did not submit a statement in support of this appeal of the
agency's final decision.
Initially, we affirm the agency's dismissal of complainant's sexual
harassment claim pursuant to 29 C.F.R. � 1614.107(a)(2) because the
record indicates that complainant did not contact an EEO Counselor until
three years after the alleged occurrences of sexual harassment, despite
being instructed to do so in 1995 and 1996 by members of the facility's
EEO office.
After a further review of the record in its entirety, we find that
complainant has failed to establish that any of the agency's actions
were taken because of her race, color, sex, or prior protected activity.
Accordingly, it is the Commission's decision to 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 (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
June 25, 2002
__________________
Date