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.