01991477
11-27-2000
Cleah R. Evans, Complainant, v. Alexis M. Herman, Secretary, Department of Labor, Agency.
Cleah R. Evans v. Department of Labor
01991477
November 27, 2000
.
Cleah R. Evans,
Complainant,
v.
Alexis M. Herman,
Secretary,
Department of Labor,
Agency.
Appeal No. 01991477
Agency No. 8-06-155
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1). The agency
characterized complainant's July 27, 1998 complaint as alleging that
she was discriminated against on the basis of reprisal for prior EEO
activity when she heard a rumor that the Regional Director had been
keeping an eye on her.
In her complaint, complainant asserted that she learned from an e-mail
that the Regional Director was in fact watching her and wanted the claims
manager to �write [her] up� for taking extended breaks. Complainant also
asserted this was the �second time that I was harassed by him,� and
that the first time concerned a scheduled meeting about her �community
involvement� and her need to speak to someone about it. On appeal,
complainant also contends that her complaint is not based on a rumor,
but is that the Regional Director �retaliated by monitoring my breaks.�
Upon review, we find that complainant failed to show that she suffered
harm with respect to the terms, conditions or privileges of her
employment as a result of the incidents identified. Standing alone,
each of complainant's claims fails to state a claim, and even when
viewed together and in a light most favorable to complainant, the claims
would not indicate that complainant has been subjected to harassment
that was sufficiently severe or pervasive to alter the conditions of
her employment. Consequently, complainant's complaint was properly
dismissed for failure to state a claim.
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
November 27, 2000
__________________
Date