Ellen B. Stuart, Complainant,v.Donald E. Powell, Chairman, Federal Deposit Insurance Corporation, Agency.

Equal Employment Opportunity CommissionAug 22, 2002
01A04273_r (E.E.O.C. Aug. 22, 2002)

01A04273_r

08-22-2002

Ellen B. Stuart, Complainant, v. Donald E. Powell, Chairman, Federal Deposit Insurance Corporation, Agency.


Ellen B. Stuart v. Federal Deposit Insurance Corporation

01A04273

August 22, 2002

.

Ellen B. Stuart,

Complainant,

v.

Donald E. Powell,

Chairman,

Federal Deposit Insurance Corporation,

Agency.

Appeal No. 01A04273

Agency No. 97-34

Hearing No. 170-99-8069X

DECISION

Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's

appeal from the agency's final order in the above-captioned matter.

In her complaint, complainant claims harassment on the bases of sex

(female) and disability (pregnancy/childbirth), as evidenced by the

following:

In August 1996, complainant's supervisor instructed her to stop using

a vacant room to express her breast-milk, and to instead use her own

office, which had no lock;

In September 1996, while on a travel assignment, complainant was

criticized for not staying at the hotel designated for her team when

she instead selected a hotel better equipped to accommodate her infant

and babysitter;

In September 1996, complainant received a negative memorandum concerning

her failure to timely and fully complete a team leader evaluation form;

In September 1996, a male co-worker was given permission to change a

hotel reservation;

In October 1996, complainant's travel voucher was amended to deny

her additional expenses incurred for infant care during a travel

assignment; and

In October 1996, complainant received a performance appraisal for

the period of October 1995 to October 1996, which contained negative

comments.

After a review of the record in its entirety, including all statements

submitted on appeal, the Commission finds that the Administrative Judge

properly issued a decision without a hearing, and we AFFIRM the agency's

final action because the Administrative Judge's ultimate finding, that

complainant had not been subjected to conditions so severe or pervasive

as to constitute harassment, is supported by the record.

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

August 22, 2002

__________________

Date