0120080071
04-02-2009
Denise E. Sandidge, Complainant, v. Hillary Clinton, Secretary, Department of State, Agency.
Denise E. Sandidge,
Complainant,
v.
Hillary Clinton,
Secretary,
Department of State,
Agency.
Appeal No. 0120080071
Agency No. DOS-F-067-06
Hearing No. 570-2007-00390X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's August 29, 2007, final order concerning her equal
employment opportunity (EEO) complaint alleging employment discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as
amended, 42 U.S.C. � 2000e et seq. Complainant alleged that the agency
discriminated against her on the bases of race (African-American), sex
(female), and reprisal for prior protected EEO activity under Title VII
of the Civil Rights Act of 1964 when she was not selected for one of
two vacant Management Analyst GS-12 positions.1
Following an investigation by the agency, complainant, a Support Systems
Specialist, GS-9, requested a hearing before an EEOC Administrative Judge
(AJ). The AJ issued a decision without a hearing finding that complainant
failed to show that she was discriminated against. Specifically, the AJ
found that the agency had articulated legitimate nondiscriminatory reasons
for its actions. With respect to position A, the agency explained that
the Office of Personnel Management (OPM) rated and ranked the applicants
and instructed the agency that it was entitled to make a selection from
only the top three available candidates. Complainant was not on the
Certificate of Eligibles provided by OPM and therefore could not have
been selected.
With respect position B, the agency indicated that complainant was
initially listed as one of 14 Eligibles for the position. It was
discovered however, that the Human Resources Specialist forgot to include
in the automated recruitment tool called Quick Hire that applicants
had to possess one year of experience at the next lower grade (GS-11).
Following a review of all of the resumes, the certification was re-issued.
Complainant and two other applicants who were originally identified on
the certification list were deemed no longer eligible because they lacked
the required experience at the GS-11 level. The AJ found that complainant
failed to show that the agency's reasons were pretext for discrimination.
The agency fully implemented the AJ's finding.
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 order,
because the Administrative Judge's issuance of a decision without a
hearing was appropriate and a preponderance of the record evidence does
not establish that discrimination occurred.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 77960,
Washington, DC 20013. 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 (S0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
04/02/09
__________________
Date
1 A black male was selected for each of the positions.
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0120080071
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 77960
Washington, D.C. 20013