01a02165
05-10-2000
Angela T. Franks, Complainant, v. William M. Daley, Secretary, Department of Commerce, Agency.
Angela T. Franks v. Department of Commerce
01A02165
May 10, 2000
Angela T. Franks, )
Complainant, )
)
v. ) Appeal No. 01A02165
) Agency No. 98-63-10130D
William M. Daley, ) Hearing No. 140-99-8222X
Secretary, )
Department of Commerce, )
Agency. )
________________________________)
DECISION
The Commission finds that the agency's January 18, 2000 final order
accepting the administrative judge's finding that the agency did not
discriminate against complainant based on complainant's age (date of
birth: February 2, 1953) and religion (Episcopalian), was proper.<1>
Complainant alleged in her complaint that she was discriminated against
when her employment status was changed from full-time term schedule B
to part-time intermittent.
Complainant requested a hearing before an EEOC Administrative Judge.
An Administrative Judge issued a decision dated September 30,
1999 without holding a hearing. The Commission finds that summary
judgment was appropriate because the material facts were not in dispute.
The Administrative Judge found that the agency articulated a legitimate,
non-discriminatory reason for changing complainant from full-time to
part-time. The Administrative Judge also found that complainant failed
to show that the agency's action was motivated by discrimination based
on age or religion.
The record shows that the decision to change complainant from full-time to
part-time was made by complainant's Supervisor and the Regional Director.
Both the Supervisor and the Regional Director stated that complainant's
employment status was changed in order to use the limited number of
positions to hire more specialists at intermittent terms to better
cover the area (for census tasks). Both the Supervisor and the Regional
Director explained that by shifting from full-time to part-time positions,
the agency could add more full time equivalent employees. After reviewing
complainant's arguments on appeal and the complete record, the Commission
finds that the Administrative Judge correctly determined that complainant
failed to show by a preponderance of the evidence that the agency's
action was motivated in anyway by prohibited discriminatory animus.
The agency's final order accepting the administrative judge's finding
of no discrimination is AFFIRMED.
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:
May 10, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_____________________ _________________________
Date
1On November 9, 1999, revised regulations governing the 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.