01A22752_r
12-09-2003
Ceatrice H. Sanders, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Ceatrice H. Sanders v. Department of the Treasury
01A22752
December 9, 2003
.
Ceatrice H. Sanders,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A22752
Agency No. 98-2285
Hearing No. 360-99-8504X
DECISION
Complainant appeals to the Commission from the agency's March 11, 2002
decision finding no discrimination. Complainant alleges discrimination on
the basis of race (Black) when she was not selected for promotion to the
position of Supervisory Accounting Technician, GS-525-10. On February
12, 2002, an Administrative Judge (AJ) issued a decision finding no
discrimination. Specifically, the AJ found that the agency offered a
legitimate nondiscriminatory reason for its action which complainant
failed to rebut. On March 11, 2002, the agency issued a decision fully
implementing the agency's decision, which is the subject of this appeal.
The record indicates that during a March 1998 meeting, it was announced
that Ms. X would be detailed for 60 days to the position of manager in
federal Tax Deposit Unit, Accounts Services Section. Ms. X's detail
was extended to 120 days. In early June 1998, during Ms. X's detail,
a vacancy announcement was posted to permanently fill the position.
That position is the position at issue in the instant complaint.
Complainant argues, first, that she was not offered the detail.
Second, complainant argues that she was not selected for the position.
The record indicates that the manager responsible for filling the detail
requested input from other managers regarding suggestions as to who would
be appropriate for the position. The selecting manager was given two
names, one being Ms. X who was ultimately chosen. Complainant was not
referred to the selecting manager. The record shows that the selecting
manager did not know that complainant was interested in the detail.
When the vacancy announcement was posted, complainant applied and was
among the three best qualified for the position. The selecting panel
consisted of three people. Ms. X was ultimately selected.
According to the selecting officials on the panel, the selectee was chosen
because of her leadership qualities. The selecting officials indicated
that complainant did not answer the questions during the interview as
well as Ms. X. The selecting officials also indicated that complainant
appeared nervous during the interview and answered the questions in
generalities, particularly the questions regarding leadership skills.
There is no indication that Ms. X, while on detail in the position,
performed poorly. The agency has presented legitimate, nondiscriminatory
reasons for the nonselection of complainant, which complainant has failed
to rebut. Complainant has failed to show, by a preponderance of the
evidence, that she was discriminated against on the basis of race.
The agency's decision finding no discrimination is AFFIRMED.
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
December 9, 2003
__________________
Date