01994319
02-08-2001
Beverly Fletcher, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Beverly Fletcher v. Department of Transportation
01994319
February 8, 2001
.
Beverly Fletcher,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01994319
Agency No. DOT-6-99-6027
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1). Complainant
alleged that she was discriminated against on the bases of sex and in
reprisal for prior EEO activity when, between July 1, and August 15, 1998,
she learned upon review of the file of an earlier discrimination complaint
that a named civilian employee had continued to make disparaging comments
about her such as a �femi-Nazi bitch, lesbian, and/or dyke� after the
time described in her previous complaint.
EEOC Regulation 29 C.F.R. � 1614.107(a)(1) provides that the agency
shall dismiss a complaint that states the same claim that is pending
before or has been decided by the agency or Commission.
The record discloses that in a previous complaint dismissed by the agency
on June 16, 1998 (Agency No. DOT-6-97-60-90) and later appealed to the
Commission and decided on June 30, 1999 (Appeal No. 01985574), complainant
claimed that dating back to September 1994 the named civilian employee
made disparaging comments concerning her including �Nazi man-hater, and
lesbian.� Complainant asserts on appeal that the time frames for the
disparaging remarks differ and it was only in August 1998 that she first
learned that the comments �continued into 1996.� As noted in our decision
on EEOC Appeal No. 01985574, however, complainant's prior complaint
concerned a time period running �through February - March 1996.�
Therefore, as the record shows that complainant's separate complaints
are based on the same set of facts and circumstances, they state the
same claim, and complainant's complaint was properly dismissed.
Accordingly, the agency's final decision dismissing complainant's
complaint is AFFIRMED.
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 8, 2001
__________________
Date