01a03090
07-05-2000
Arthur L. Teague, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Arthur L. Teague v. Department of the Army
01A03090
July 5, 2000
Arthur L. Teague, )
Complainant, )
) Appeal No. 01A03090
v. ) Agency No. BOAHF0981010190
) Hearing No. 130-99-8177-X
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
)
DECISION
The complainant timely initiated an appeal to the Equal Employment
Opportunity Commission (Commission) from the final decision of the agency
concerning his allegation that the agency violated Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.<1> The appeal
is accepted by the Commission in accordance with 64 Fed. Reg. 37,644,
37,659 (1999) (to be codified at 29 C.F.R. � 1614.405).
ISSUE PRESENTED
The issue presented herein is whether the complainant has established
that the agency discriminated against him based on race (Black) when
he received a rating of �Successful Level 2" on his 1997-98 performance
appraisal.
BACKGROUND
During the period in question, the complainant was employed as a Heavy
Mobile Equipment Repairer at the Anniston Army Depot in Alabama. The
complainant filed a formal complaint in October 1998 in which he raised
the issue identified above. Following an investigation, the complainant
requested a hearing and his case was assigned to administrative judge
(AJ). In May 1999, the AJ, after receiving a motion from the agency,
issued a Notice of Intent to Issue Findings and Conclusions Without
a Hearing. Although the complainant was afforded an opportunity to
respond, he did not submit an objection, and the AJ issued a decision
on February 8, 2000, finding no discrimination. In a final order dated
February 16, 2000, the agency informed the complainant that it intended
to fully implement the AJ's decision. It is from the agency's order
that the complainant now appeals.
ANALYSIS AND FINDINGS
After a review of the record in its entirety, it is the decision of
the Equal Employment Opportunity Commission to affirm the agency's
final order because the AJ's issuance of a decision without a hearing
was appropriate and a preponderance of the record evidence does not
establish that discrimination occurred. In particular, the Commission
agrees with the AJ's conclusion that the agency articulated a legitimate,
nondiscriminatory reason for the complainant's rating, i.e., his poor
time utilization. The Commission also agrees that the complainant
has offered nothing which suggests that this reason is pretextual.
Accordingly, the Commission finds the complainant has not established
that he was discriminated against based on his race.
CONCLUSION
It is the decision of the Commission to AFFIRM the agency's final order
and find the complainant has not established that he was discriminated
against as alleged.
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:
07-05-00
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
01 On 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.