01980393
09-22-2000
Edward Cordoves, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Edward Cordoves v. Department of the Navy,
01980393
September 22, 2000
.
Edward Cordoves,
Complainant,
v.
Richard J. Danzig,
Secretary,
Department of the Navy,
Agency.
Appeal No. 01980393
Agency No. DON-95-62472-018
Hearing No. 160-96-8280X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the above-entitled matter.<1>
Complainant filed a complaint in which he claimed that on May 15, 1995,
a training officer directed a racial slur at him, in violation of Title
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e,
et. seq. The agency investigated the complaint and referred it to an
Administrative Judge, who recommended a finding of no discrimination,
without holding a hearing. The agency adopted the AJ's recommendation
as its final decision, from which complainant now appeals.
On May 15, 1995, in the presence of his supervisor, complainant got
into an argument with a training officer over the use of a police dog
in car stops. The supervisor stated that he observed complainant engage
in provocative behavior during the confrontation, and that the training
officer responded by calling complainant a �spic.� The supervisor
issued letters of caution to both complainant and the training officer.
In his letter to the training officer, the supervisor noted that he heard
the training officer, �state to [complainant] racial epithets along
with foul language.� He also warned the training officer that using
racial epithets would not be tolerated from anyone within the command.
Investigative Report, p. 28.
The Commission has held that, unless the use of a racial slur is either
severe and/or pervasive, such that it creates a hostile work environment,
it will not generally rise to the level of discriminatory harassment.
See Backo v. United States Postal Service, EEOC Request No. 05960227 (June
10, 1996); Brooks v. Department of the Navy, EEOC Request No. 05950484
(June 25, 1996). In this case, the use of this slur appears to be an
isolated incident. The supervisor took immediate corrective action,
and there are no indications in the record that complainant suffered any
harassment or further repercussions as a result of his quarrel with the
training officer. We therefore agree with the AJ that this was a single
incident and did not rise to the level of discriminatory harassment.
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 decision
because the preponderance of the record evidence does not establish that
discrimination occurred.
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 (S0400)
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
09-22-00
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 29 C.F.R. Part
1614 in deciding the present appeal. The regulations, as amended, may
also be found at the Commission's website at www.eeoc.gov.