Arthur L. Brown, Complainant,v.Lurita Alexis Doan, Administrator, General Services Administration, Agency.

Equal Employment Opportunity CommissionAug 30, 2007
0120072984 (E.E.O.C. Aug. 30, 2007)

0120072984

08-30-2007

Arthur L. Brown, Complainant, v. Lurita Alexis Doan, Administrator, General Services Administration, Agency.


Arthur L. Brown,

Complainant,

v.

Lurita Alexis Doan,

Administrator,

General Services Administration,

Agency.

Appeal No. 0120072984

Agency No. 07R9PBSSF0010

DECISION

On June 18, 2007, complainant filed an appeal from the agency's May

22, 2007, final concerning his equal employment opportunity (EEO)

complaint alleging 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 deemed timely and is accepted pursuant to 29

C.F.R. � 1614.405(a). For the following reasons, the Commission AFFIRMS

the agency's final order. On April 4, 2007, complainant filed an EEO

complaint alleging that he was discriminated against on the bases of race

(African-American), color (Black), and reprisal for prior protected EEO

activity under an EEO statute that was unspecified in the record when:

1. on January 11 and 12, 2007, complainant was granted no more than

two hours of official time to complete a questionnaire regarding another

EEO complaint, and his requests for additional time were denied.

The agency dismissed the complaint for failure to state a claim, but

nevertheless proceeded to address the claim on the merits, finding that

the two hours complainant was granted was a reasonable amount of time

and that complainant had not presented any reason to justify granting

additional time. On appeal, complainant disagrees with certain aspects

of the FAD but presents no new arguments.

ANALYSIS AND FINDINGS

We note initially that the Commission has stated that an allegation

pertaining to the denial of official time states a separately-processable

claim alleging a violation of the Commission's regulations, without

requiring a determination of whether the action was motivated by

discrimination. See Edwards v. U.S. Postal Service, EEOC Request

No. 05960179 (December 23, 1996). Thus, contrary to the FAD, we find

that complainant does state a claim. We further find, however, that

there is sufficient information in the record to reach a decision on

the merits of the complaint. A review of the record shows that the EEO

counselor asked complainant to answer eight questions on a two-page form.

Complainant asked for eight hours of official time to complete the form

and subsequently asked for an additional four hours. His supervisor

(RMO: race, color, unknown) granted him a total of two hours and

denied his requests for more time. Complainant has not met his burden

of establishing that the grant of no more than two hours of official

time to complete an eight-question questionnaire was unreasonable.

We therefore AFFIRM the FAD.

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

August 30, 2007

__________________

Date

2

0120072984

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

3

0120072984