01a00959
05-02-2000
Derek R. Mattocks, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Derek R. Mattocks, )
Complainant, )
)
v. ) Appeal No. 01A00959
)
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
)
DECISION
Complainant filed an appeal with this Commission from a final decision of
the agency concerning his complaint of unlawful employment discrimination
in violation of Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. �2000e et seq.<1> The final decision was issued on October 4,
1999.
ISSUE PRESENTED
The issue presented is whether the agency properly dismissed the complaint
on the grounds of failure to state a claim.
BACKGROUND
Complainant initiated contact with an EEO Counselor on January 5, 1999.
In a formal EEO complaint dated May 27, 1999, complainant claimed that
he was subjected to discrimination on the bases of his sex (male), race
(Black), and color (black) when:
A policy decision concerning the award of course certificates was made
without his knowledge or input, even though he was the senior management
instructor/contract officer representative.
A letter of apology was written to class participants by his second-line
supervisor. The letter attributed culpability to him for what was
described as an embarrassing situation resulting from his mishandling
of a situation.
According to complainant, these actions created a hostile work
environment. As relief, in part, complainant requested an award of
$300,000.00 in compensatory damages for pain and suffering.
In its decision, the agency dismissed the complaint on the grounds of
failure to state a claim. The agency determined that complainant failed
to establish how he suffered a material, tangible loss or harm to a term,
condition, or privilege of his employment as a result of the alleged
actions.
On appeal, in a statement dated November 27, 1999, complainant argues
that the aforementioned actions have created a hostile work environment
causing him to suffer stress, mental anguish, and material losses.
Additionally, complainant states that the Golf Course Superintendents'
Course project has been assigned to a White male and he has been excluded
from the Club Operations Management Course project. Complainant also
claims that he has been assigned to a mission that requires 26 weeks of
travel during the current fiscal year. Complainant states that he does
not receive overtime pay or compensatory time off for weekend travel.
According to complainant, ninety-nine percent of in-house projects
requiring a team leadership role and minimum to no travel have been
assigned to White females or White males.
ANALYSIS AND FINDINGS
The regulation set forth at 64 Fed. Reg. 37,644, 37,656 (1999) (to be
codified and hereinafter cited as 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. In determining whether a harassment complaint states a
claim in cases where a complainant had not alleged disparate treatment
regarding a specific term, condition, or privilege of employment, the
Commission has repeatedly examined whether a complainant's harassment
claims, when considered together and assumed to be true, were sufficient
to state a hostile or abusive work environment claim. See Estate of
Routson v. National Aeronautics and Space Administration, EEOC Request
No. 05970388 (February 26, 1999).
In the present complaint, complainant claimed that he was subjected to a
hostile work environment based on his sex, race, and color. Complainant
claimed that a policy decision concerning the award of course certificates
was made without his knowledge or input, even though he was the senior
management instructor/contract officer representative and a letter of
apology was written to class participants by his second-line supervisor.
According to complainant, the letter of apology blamed him for an
embarrassing situation. We find that the alleged actions taken by the
agency created a hostile work environment for complainant. These alleged
actions undermined his authority and with regard to the letter of apology,
portrayed complainant in an unfavorable light. On remand, pursuant
to 64 Fed. Reg. 37,644, 37,656 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.106(d)), complainant should be afforded
the opportunity to amend his complaint to include the additional incidents
raised on appeal in his statement dated November 27, 1999.
Accordingly, the agency's decision to dismiss the complaint on the grounds
of failure to state a claim is REVERSED. The complaint is hereby REMANDED
to the agency for further processing in accordance with the Order below.
ORDER
The agency is ORDERED to process the remanded claims in accordance with
64 Fed. Reg. 37,644, 37,656-7 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.108). The agency shall acknowledge to the
complainant that it has received the remanded claims within thirty (30)
calendar days of the date this decision becomes final. The agency shall
also afford complainant the opportunity to amend his complaint to include
the incidents raised in his appeal statement dated November 27, 1999.
A copy of the agency's letter of acknowledgment to complainant and the
notice of the opportunity to amend must be sent to the Compliance Officer
as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K1199)
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 64 Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter
referred to as 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 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �1614.409).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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:
May 2, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_______________ __________________________
Date 1On 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 64 Fed. Reg. 37,644 (1999), where
applicable, in deciding the present appeal. The regulations, as amended,
may also be found at the Commission's website at www.eeoc.gov.