01A32711
04-29-2004
Carolyn D. Ross, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Carolyn D. Ross v. Department of the Air Force
01A32711
April 29, 2004
.
Carolyn D. Ross,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 01A32711
Agency No. AR000020444
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the above-entitled matter.
Complainant alleged that the agency discriminated against her and
subjected her to a hostile work environment on the bases of her race
and color (Black), and reprisal for alleged prior EEO activity when:
(1) she was treated differently when her leave and compensatory time
were administered; (2) she was not provided the same level of guidance
on her assignments as other employees; (3) she was spoken to in an
unprofessional manner; (4) her knowledge, skills, and abilities were
downplayed during discussions about assignments; (5) she was not allowed
to take formal breaks during her scheduled workday; (6) she was assigned
to perform new duties and was not provided any formal training; (7)
she was subjected to different time and attendance requirements (T&E),
and her performance was rated fully satisfactory instead of excellent;
(8) on February 23, 2001, the agency employee relations specialist
(ELS-1) called her extension asking to speak with complainant's
second level supervisor (S-2) although their numbers were different;
(9) she was sent a request asking that an ADR meeting be rescheduled;
(10) she was told that everyone's perception was different and she
had a responsibility to respond when management asked her questions.
When Complainant began working for the agency in August 2000, S-1 was
her supervisor through March 2001. In early April 2001 Complainant was
assigned a new supervisor (S-3).
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's final decision
because the preponderance of the evidence of record does not establish
that discrimination occurred.<1>
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
April 29, 2004
__________________
Date
1In her appeal brief, complainant, a civilian
employee, requested that the Commission hold her appeal in abeyance
because she will be on duty in Germany for the next three years. We
decline to hold the instant appeal decision in abeyance however, because
complainant failed to show good cause as to why the decision should
be delayed.