01A33129
03-04-2004
Angela M. Nelson, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Angela M. Nelson v. Department of Veterans Affairs
01A33129
March 4, 2004
.
Angela M. Nelson,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A33129
Agency No. 200L-0502-2002100894
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the above-entitled matter.
Complainant alleged that the agency had subjected her to discrimination
and a hostile work environment on the basis of her race (Black), when:
(1) on her first day as a Registered Nurse, she was not greeted,
but was subjected to anger and hostility from a co-worker who loudly
snarled �who is going to orientate her?�;
her supervisor took two weeks leave after complainant had only been
there one week, and complainant did not receive proper orientation while
another newly employed nurse (N1) was walked through her orientation
and was treated with kindness and respect;
N1 was asked to sit up front and orientate with the Charge Nurse
while complainant was told to perform patient care duties and pass
out medications and treated in a manner as if she were too slow to
comprehend;
when complainant asked nurses to sign off on her orientation packet
she was told that they were too busy or they did not feel comfortable,
but complainant watched the same nurses sign N1's packet without even
asking what duties she performed. When complainant brought the matter
to the attention of her supervisor (RMO), she responded �they must feel
that you are not competent�;
complainant was often met with rude, hostile, unfriendly attitudes as
well as glaring looks;
on November 29, 2001, complainant met with RMO and during the meeting
RMO defamed her character and made untrue statements about her.
RMO was angry and hostile and mentioned complaints she had received
from several employees. Complainant was not given the opportunity to
respond to the allegations.
she was constructively discharged when, on December 3, 2001, she resigned
from the medical center due to the intolerable working conditions.<1>
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, 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 race-based discrimination or harassment occurred. In so
finding, we note that, even assuming the challenged actions occurred as
complainant alleges, complainant has not established, by a preponderance
of the evidence, that they were motivated by race-based animus. We note
additionally, that the record fails to indicate that complainant's working
conditions were so intolerable as to render her resignation on December 3,
2001, a constructive discharge.
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:
March 4, 2004
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations
1 The record indicates that complainant initially requested a hearing
before an Administrative Judge, but subsequently withdrew such request,
and the agency issued a final decision on the record.