01975371
01-12-2000
Emile C. Graves, Complainant, v. Rodney E. Slater, Secretary, Department of Transportation, (Federal Aviation Administration), Agency.
Emile C. Graves v. Department of Transportation (FAA)
01975371
January 12, 2000
.
Emile C. Graves,
Complainant,
v.
Rodney E. Slater,
Secretary,
Department of Transportation,
(Federal Aviation Administration),
Agency.
Appeal No. 01975371
Agency No. DOT-95-0579
Hearing No. 380-96-8194
DECISION
Complainant timely appealed the final decision of Department of
Transportation (Federal Aviation Administration, (FAA)) (agency),
concerning his equal employment opportunity (EEO) complaint of unlawful
employment discrimination. Complainant alleged that he was discriminated
against on the bases of race/color (Black) in violation of Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. �2000e et seq.,
when on August 20, 1995, he was notified that he was not selected
for the position of Supervisor, Field Maintenance Line of Service,
GS-13. The appeal is accepted by the Commission in accordance with
the provisions of EEOC Order No. 960.001. For the following reasons,
the agency's decision is AFFIRMED.<1>
Complainant, a Maintenance Mechanic Foreman, WS-9, filed a formal
complaint alleging that the agency discriminated against him as referenced
above. The agency accepted the complaint for investigation. Thereafter,
complainant requested a hearing with an Equal Employment Opportunity
Commission (EEOC) Administrative Judge (AJ). A hearing was held on March
27, 1997. On April 28, 1997, the AJ issued a recommended bench decision
finding no discrimination. The agency subsequently adopted the AJ's
recommended decision (RD) in a final agency decision (FAD) dated May 28,
1997.
The Commission has reviewed the record, consisting of the investigative
report, the AJ's recommended decision, various correspondence,
complainant's statement on appeal, and the FAD.
The Commission concludes that, in all material respects, the AJ accurately
set forth the facts giving rise to the complaint and the law applicable
to the case. The Commission further concludes that the AJ correctly
determined that the agency successfully rebutted complainant's prima
facie case of race/color discrimination by articulating a legitimate
nondiscriminatory explanation for not selecting complainant for the
position at issue. We further conclude, as did the AJ, that complainant
failed to establish that the agency's articulated reasons were pretext
for discrimination. We acknowledge complainant's statement on appeal,
however, we find no persuasive evidence to support complainant's
claim of discrimination. Therefore, we find that the AJ correctly
determined that complainant did not established, by a preponderance
of the evidence, that the agency discriminated against him as alleged
in his complaint. Accordingly, the Commission herein adopts the AJ's
recommended findings of fact and conclusions of law. Therefore, it is
the decision of the Equal Employment Opportunity Commission to AFFIRM
the final agency decision finding no discrimination.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1199)
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). 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).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S1199)
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
January 12, 2000
__________________
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.