Carolyn Logan-King, Complainant,v.Ida L. Castro, Chairwoman, Equal Employment Opportunity Commission, Agency.

Equal Employment Opportunity CommissionOct 13, 2000
01996375 (E.E.O.C. Oct. 13, 2000)

01996375

10-13-2000

Carolyn Logan-King, Complainant, v. Ida L. Castro, Chairwoman, Equal Employment Opportunity Commission, Agency.


Carolyn Logan-King v. Equal Employment Opportunity Commission

01996375

October 13, 2000

.

Carolyn Logan-King,

Complainant,

v.

Ida L. Castro,

Chairwoman,

Equal Employment Opportunity Commission,

Agency.

Appeal No. 01996375

Agency No. 09800069-RI

DECISION

On August 14, 1999, complainant filed a timely appeal with this

Commission<1> from a final agency decision pertaining to her complaint

of unlawful employment discrimination in violation of Section 501 of

the Rehabilitation Act of 1973, as amended, 29 U.S.C. �791 et seq.<2>

The Commission accepts the appeal in accordance with 29 C.F.R. �1614.405.

The Commission determines that complainant's complaint was improperly

dismissed pursuant to 29 C.F.R. � 1614.107(a)(1).

In a formal complaint filed on September 2, 1998, complainant alleged

that she had been subjected to unlawful employment discrimination when

her request for reasonable accommodation was denied.

On July 13, 1999, the agency issued a final decision, dismissing the

complaint for failure to state a claim. Specifically, the agency

found that complainant failed to show that her identified disability

(multiple injuries to the left side of her body; MCL sprain (left knee);

and left elbow injury) constituted a disability entitled to protection

under the Rehabilitation Act. The agency noted that while complainant

requested a hearing before an Administrative Judge on March 31, 1999,

the evidence did not warrant a hearing.

The regulation set forth at 29 C.F.R. � 1614.107(a)(1) provides, in

relevant part, that an agency shall dismiss a complaint that fails to

state a claim. 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. 29 C.F.R. ��

1614.103, .106(a). 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. Diaz v. Department of the Air Force,

EEOC Request No. 05931049 (April 21, 1994).

The only proper questions in determining whether a claim is within the

purview of the EEO process are (1) whether the complainant is an aggrieved

employee and (2) whether she has claimed employment discrimination

covered by the EEO statutes. An employee is "aggrieved" if she has

suffered direct and personal deprivation at the hands of the employer.

See Hobson v. Department of the Navy, EEOC Request No. 05891133 (March

2, 1990). Here, complainant claims that she was denied a reasonable

accommodation. Complainant's claim is sufficient to render her an

aggrieved employee. Because complainant claimed that the adverse action

was based on disability, she has raised a claim within the purview of

the EEOC regulations.

The Commission finds that the agency improperly addressed the merits

of complainant's complaint. The agency's articulated reason for the

action in dispute, i.e., that complainant's injury did not substantially

limit one or more of her major life activities, goes to the merits of

complainant's complaint, and is irrelevant to the procedural issue of

whether she has stated a justiciable claim under the Rehabilitation Act.

See Osborne v. Department of the Treasury, EEOC Request No. 05960111

(July 19, 1996); Lee v. United States Postal Service, EEOC Request

No. 05930220 (August 12, 1993); Ferrazzoli v. United States Postal

Service, EEOC Request No. 05910642 (August 15, 1991).

Concerning the agency's denial of complainant's hearing request, we

note that the Commission's regulations provide that a complainant is

entitled, upon request, to a hearing before an EEOC administrative judge.

See 29 C.F.R. �� 1614.108, 1614.109. The evidence of record in this

case reflects that complainant timely requested, and was denied, such

a hearing. Accordingly, because complainant's request for hearing

was denied and because the agency improperly dismissed the complaint

for failure to state a claim, it is the decision of the Commission to

REVERSE the final agency decision, and to REMAND the case for a hearing

before an Administrative Judge.

ORDER

The complaint is remanded to the Hearings Unit of the appropriate EEOC

field office for scheduling of a hearing in an expeditious manner.

The agency is directed to submit a copy of the complaint file to the

EEOC Hearings Unit within fifteen (15) calendar days of the date this

decision becomes final. The agency shall provide written notification

to the Compliance Officer at the address set forth below that the

complaint file has been transmitted to the Hearings Unit. Thereafter,

the Administrative Judge shall issue a decision on the complaint in

accordance with 29 C.F.R. � 1614.109 and the agency shall issue a final

action in accordance with 29 C.F.R. � 1614.110.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0800)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the complainant. If the agency does not comply with the Commission's

order, the complainant may petition the Commission for enforcement of

the order. 29 C.F.R. � 1614.503(a). The complainant also has the right

to file a civil action to enforce compliance with the Commission's order

prior to or following an administrative petition for enforcement. See 29

C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively,

the complainant has the right to file a civil action on the underlying

complaint in accordance with the paragraph below entitled "Right to File

A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action for

enforcement or a civil action on the underlying complaint is subject to

the deadline stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the

complainant files a civil action, the administrative processing of the

complaint, including any petition for enforcement, will be terminated.

See 29 C.F.R. � 1614.409.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0800)

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).

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (R0400)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such action in an appropriate United

States District Court WITHIN NINETY (90) CALENDAR DAYS from the date

that you receive this decision. In the alternative, you may file a

civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date

you filed your complaint with the agency, or filed your appeal with the

Commission. 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. 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:

______________________________

Frances M. Hart

Executive Officer

Executive Secretariat

October 13, 2000

__________________

Date

1In the instant matter, the EEOC is both the respondent and the

adjudicatory authority. The Commission's adjudicatory function is

separate and independent from those offices charged with the in-house

processing and resolution of discrimination complaints. For purposes of

this decision, the term �Commission � or EEOC will be used when referring

to the adjudicatory authority and the term �agency� will be used when

referring to the respondent party in this action. The Chairwoman has

recused herself from participation in this decision.

2On 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 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.