0120080693
09-28-2009
Felicia Lake, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.
Felicia Lake,
Complainant,
v.
Michael J. Astrue,
Commissioner,
Social Security Administration,
Agency.
Appeal No. 0120080693
Agency No. PHI-07-2088-SSA
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated November 1, 2007, dismissing her complaint of unlawful
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.
In her complaint, complainant alleged that she was subjected to
discrimination on the basis of reprisal when, on April 12, 2007, the
agency involuntarily reassigned her from the duties of Management Support
Specialist to the duties of Unit Supervisor. Complainant further stated
that she was harassed when the Baltimore Teleservice Director told her
"if you don't like it, you can look for another job!" Complainant also
alleged that the Baltimore Teleservice Director told her that she is
a manager, and she will do whatever she wanted to do. Additionally,
complainant alleged that when she met with the Baltimore Teleservice
Director, the Director "paraded" her through three work units before
arriving at the conference room in an effort to intimidate and belittle
complainant in front of her peers. Complainant maintained that the
Baltimore Teleservice Director's conduct was condescending and did not
preserve her right to personal dignity.
In its final decision, the agency dismissed complainant's complaint
on the basis that it failed to state a claim, pursuant to 29 C.F.R. �
1614.107(a)(1). The final agency decision characterized complainant's
complaint as alleging that she was subjected to a retaliatory hostile
work environment when the Baltimore Teleservice Director stated that
complainant did not have a choice about her new reassignment and could
find another job if she did not like the reassignment. The decision
further stated that complainant also alleged that the Baltimore
Teleservice Director yelled at her when complainant informed her that
she wanted to raise this matter with the Director's supervisor.
Upon review of this matter, we affirm the agency's dismissal of
complainant's complaint. Notwithstanding the agency's determination
that complainant was not aggrieved because no adverse action was taken
against her, we find that she failed to state a claim of reprisal
because the record does not establish that the actions of the Baltimore
Teleservice Director constituted behavior that was reasonably likely to
deter complainant from engaging in protected EEO activity. We note in
this regard that although complainant maintained that her reassignment
and her treatment were retaliatory, there is no indication in the record
that she ever engaged in EEO activity prior to the matters at issue in
this complaint. The EEO counselor's report states that "[t]he aggrieved
believes she is being discriminated against based on retaliation/reprisal.
She believes this is the case because . . . has a long term history of
being abusive and disrespectful to people, becoming irate when someone
trys [sic] to talk with her about things." Thus, based on complainant's
statement, we are left to conclude that the actions at issue here, i.e.,
her reassignment and treatment, were not such that would reasonably deter
complainant from engaging in EEO activity, but were merely a continuation
of the Baltimore Teleservice Director's history of treating employees
in an "abusive and disrespectful" manner when they disagree with her.
Accordingly, we affirm the agency's dismissal of this complaint.
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
______09/28/09____________
Date
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0120080693
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0120080693