01a03651
07-24-2000
Carol A. Stallings, Complainant, v. Lawrence H. Summers, Secretary, Department of the Treasury, Agency.
Carol A. Stallings v. Department of Treasury
01A03651
July 24, 2000
.
Carol A. Stallings,
Complainant,
v.
Lawrence H. Summers,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A03651
Agency No. 00-3136
DECISION
Complainant filed a timely appeal with this Commission from an agency's
decision dismissing her complaint of unlawful employment discrimination
brought under Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. � 2000e et seq.; the Age Discrimination in Employment Act of
1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.; and Section 501 of
the Rehabilitation Act of 1973, as amended, 29 U.S.C. � 791 et seq.<1>
We accept the appeal pursuant to 64 Fed. Reg. 37,644, 37,659 (1999)
(to be codified at 29 C.F.R. � 1614.405).
After unsuccessful EEO counseling, complainant filed a formal complaint
claiming that she was subjected to discrimination on the bases of race,
color, religion, sex, age, and disability when her supervisor did not
forward the necessary paperwork for her to attend a training course in
February 2000, and subsequently lied about it to agency officials to
cover up his actions.
The agency dismissed the complaint as moot finding that complainant
subsequently attended the same training course the next month, thereby
eradicating the effects of the alleged violation. The agency additionally
found that there was no likelihood of a reoccurrence, and that there was
no live controversy regarding this matter. Specifically, the agency found
that no one from complainant's work site was selected for the training
because of workload considerations and because the same training was
being offered the next month at complainant's work site.
On appeal, complainant argues that the complaint is not moot because
the issue is not the denial of training, but the supervisor's failure to
submit the paperwork for her attendance. Complainant contends that she
will suffer future harm if the supervisor continues to fail to submit
her paperwork because she could miss out on details and assignments that
could enhance her career.
Volume 64 Fed. Reg. 37,644, 37,656 (1999)(to be codified and hereinafter
cited as 29 C.F.R. � 1614.107(a)(5)) provides for the dismissal of a
complaint when the issues raised therein are moot. To determine whether
the issues raised in complainant's complaint are moot, the factfinder
must ascertain whether (1) it can be said with assurance that there is
no reasonable expectation that the alleged violation will recur; and
(2) interim relief or events have completely and irrevocably eradicated
the effects of the alleged discrimination. See County of Los Angeles
v. Davis, 440 U.S. 625, 631 (1979); Kuo v. Department of the Navy, EEOC
Request No. 05970343 (July 10, 1998). When such circumstances exist,
no relief is available and no need for a determination of the rights of
the parties is presented.
As a threshold matter, notwithstanding complainant's contention to the
contrary, the Commission determines that the agency properly framed the
issue in the instant complaint as denial of the February 2000 training
opportunity, with the alleged non-submission of the paperwork for
attendance being the means identified to accomplish this. We also find
that the record demonstrates that complainant attended the March 2000
session at her worksite, along with the other worker who complainant
claimed had been permitted to attend the earlier session. Therefore,
we find that an interim event (the March 2000 training) eradicated the
effects of the alleged act of discrimination. Moreover, complainant
presents no evidence that this supervisor failed to submit her paperwork
for any other career enhancing opportunities, such that her claim
that he may do this again in the future is speculative. We note that
complainant additionally contends that her supervisor also lied about
other matters in an alleged attempt to conceal his actions. Even if true,
we find that this is insufficient to demonstrate a likelihood that he
would again deny complainant a career enhancing opportunity by failing
to prepare the paperwork. Furthermore, as a remedy complainant requests
only �managerial removal,� and does not seek compensatory damages.
Accordingly, for the reasons set forth herein, we find that complainant
is no longer aggrieved by the denial to attend the February 2000 training,
and we AFFIRM the agency's dismissal of this complaint as moot.
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:
July 24, 2000
____________________________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
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.