Angela Bush, Complainant,v.Janet Reno, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity CommissionJul 6, 2000
01a03065 (E.E.O.C. Jul. 6, 2000)

01a03065

07-06-2000

Angela Bush, Complainant, v. Janet Reno, Attorney General, Department of Justice, Agency.


Angela Bush v. Department of Justice

01A03065

July 6, 2000

Angela Bush, )

Complainant, )

)

v. ) Appeal No. 01A03065

) Agency No. DJ187886

Janet Reno, )

Attorney General, )

Department of Justice, )

Agency. )

______________________________)

DECISION

In accordance with 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified

at 29 C.F.R. � 1614.405), the complainant's appeal from the agency's

final decision in the above-entitled matter has been accepted by

the Commission.<1> The issue on appeal is whether complainant was

discriminated against on the bases of her race (Black), sex (female),

and age (40) when she was issued a Decision of Proposed Suspension

(the Suspension) on September 4, 1997, and was suspended for seven (7)

days between September 7-13, 1997.

The agency found that complainant failed to establish a prima facie case

of race discrimination in that complainant failed to show that there

were similarly situated employee(s), outside of her protected group,

who were treated more favorably under essentially the same circumstances.

In addition, the agency emphasized that all of complainant's supervisors

were Black and that complainant did not make any specific allegations

of race discrimination.

Regarding complainant's claims of sex and age discrimination, the agency

found that it articulated legitimate, nondiscriminatory reasons for its

actions, namely, that the Suspension was issued because: (1) complainant

failed to follow instructions in responding to her supervisor's request

for information; (2) complainant was disrespectful and discourteous

towards another supervisor in a February 27, 1997 meeting; and, (3)

there had been numerous complaints to management regarding complainant's

work performance.

Finally, the agency found that complainant failed to prove that the

agency's articulated reasons were pretextual. The agency rejected

complainant's argument that she was singled out for criticism while

other individuals, particularly one male individual, was not criticized

even when a mistake was made. Regarding complainant's age claim, the

agency concluded that, during the relevant time period, there was no

evidence that management officials were even aware of complainant's

age. Finally, the agency determined that complainant's April 7, 1997

performance appraisal was not evidence of any type of discrimination.

According to the agency, everyone during this time period received an

appraisal of �meets expectations.�

We find that the agency properly held that complainant was not

discriminated against based on her race, sex, or age. While complainant

undoubtedly believes that she was treated unfairly, we find that she was

unable to show that the agency's very specific, nondiscriminatory reasons

for its actions were unworthy of belief. Complainant also submitted

no other evidence that the responsible agency officials harbored any

bias towards her because of her race, sex, or age. Accordingly, after

careful review of the record in its entirety, including consideration

of arguments and evidence not specifically stated herein, it is

the decision of the Equal Employment Opportunity Commission 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 (M0300)

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 64

Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred

to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter

referred to as 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).

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)

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:

07-06-00

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations

1 On November 9, 1999, revised regulations governing EEOC's federal

sector complaint process went into effect. These regulations apply to all

federal sector EEO complaints pending at any stage in the administrative

process. Consequently, the Commission will apply the revised regulations

found at 64 Fed.Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.