o1a00588
02-21-2001
Barbara Sullivan v. Department of Justice
O1A00588
February 21, 2001
.
Barbara Sullivan,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice
(Federal Bureau of Prisons)
Agency.
Appeal No. 01A00588
Agency No. P-99-0114
DECISION
Complainant filed a timely appeal with this Commission from an agency's
decision dated October 4, 1999 dismissing her complaint of unlawful
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. In her
complaint, complainant alleged that she was subjected to discrimination
on the basis of reprisal when:
One of complainant's coworkers, who was a witness in her prior EEO
complaint, was belittled and demeaned by two management officials,
because she supported complainants in her prior EEO complaint.
A management official stated that complainant's representative is a
negative influence on staff, is anti-management and should not be trusted,
just because he is complainant's representative.
The agency dismissed claims (1) and (2) pursuant to EEOC Regulation
29 C.F.R.� 1614.10 (a) (1), for failure to state a claim, noting that
complainant failed to indicate how she suffered any personal loss or
harm with regard to a term, condition or privilege of employment. The
agency also argued that complainant did not provide any evidence to
suggest that she had been subject to discrimination based on her prior
protected activities. See 29 C.F.R. �� 1614.103, .106(a). Specifically,
the agency noted that while complainant claimed that her coworker and
her EEO representative were subjected to retaliation, complainant did
not argue that she was subjected to retaliation.
An agency shall accept a complaint from any aggrieved employee
or applicant for employment who believes that he or she has been
discriminated against by that agency because of race, color, religion,
sex, national origin, age or disabling condition. The Commission's federal
sector case precedent has long defined an �aggrieved employee� as one
who suffers a present harm or loss with respect to a term, condition,
or privilege of employment for which there is a remedy. See Gallo
v. Department of Labor, EEOC Appeal No. 01A02212 (July 6, 2000); Diaz
v. Department of the Air Force, EEOC Request No. 05931049 (April 21,
1994); Woo v. United States Postal Service, EEOC Appeal No. 01996079
(December 15, 2000).
In the case at hand, complainant suffered no personal loss or harm
as a result of management's actions. Even assuming that management
discriminated against her coworker and her representative, complainant
failed to show that she suffered harm with respect to the terms,
conditions or privileges of her employment.
Accordingly, after a careful review of the record, including arguments
and evidence not specifically addressed in this decision, we find that the
agency properly dismissed the complainant and hereby AFFIRM the FAD.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
February 21, 2001
_______________________
Date