01A11608_r
06-03-2002
Deborah J. Wilson, Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Deborah J. Wilson v. Department of the Treasury
01A11608
June 3, 2002
.
Deborah J. Wilson,
Complainant,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A11608
Agency No. 00-4326
DECISION
The instant appeal is from an agency decision dated November 8, 2000,
dismissing complainant's complaint. In a complaint dated September 28,
2000, complainant alleged that she was subjected to discrimination on
the basis of sex when:
(1) On June 7, 2000, complainant was lectured about her clothing
and on June 8, 2000, complainant received an accusatory email about
the incident.
On June 12, 2000, complainant's manager made an inappropriate comment
about her attire;
On June 14, 2000, complainant received her yearly evaluation with a
"4" in Communication Skills;
Complainant was not permitted to park in a space reserved for managers
in front of the building in which she works;
On June 22, 2000, complainant's manager made an inappropriate comment
in complainant's presence when he asked his secretary to come into the
office for a "quickie"; and
On August 15, 2000, complainant's manager yanked a lock of her hair
before speaking to her.
The agency dismissed claims 1, 2, 4, 5, and 6, for failure to state
a claim. The agency dismissed claim 3 on the grounds that complainant
elected to file a grievance on the same matter.
The Commission finds that claims 1, 2, 4, 5, and 6, fail to state a claim
because complainant failed to allege facts sufficient to show that she
suffered harm or loss with respect to a term, condition, or privilege
of employment for which there is a remedy. The Commission finds that
none of the incidents cited by complainant, even when viewed together,
are sufficiently severe or pervasive to state a claim of harassment.
Accordingly, we find the agency properly dismissed claims 1, 2, 4, 5
and 6 for failure to state a claim pursuant to 29 C.F.R. �1614.107(a)(1).
Regarding claim 3, complainant concedes that she filed a grievance with
respect to her annual performance evaluation in which she received a "4"
in the critical element, Communication Skills. The record reveals a copy
of the negotiated grievance procedure that permits claims of unlawful
discrimination, in effect at the time complainant filed her grievance.
Therefore, we find the agency properly dismissed claim 3 for stating
the same matter raised in a prior grievance proceeding pursuant to 29
C.F.R. �1614.107(a)(4).
Accordingly, the agency's final decision dismissing complainant's
complaint 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
June 3, 2002
__________________
Date