Geraldine Bright, Complainant,v.Richard J. Danzig, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionFeb 23, 2000
01972851 (E.E.O.C. Feb. 23, 2000)

01972851

02-23-2000

Geraldine Bright, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.


Geraldine Bright v. Department of the Navy

01972851

February 23, 2000

Geraldine Bright,

Complainant,

v.

Richard J. Danzig,

Secretary,

Department of the Navy,

Agency.

Appeal No. 01972851

Agency No. 94-65923-012

Hearing No. 140-95-8083X

DECISION

Complainant timely initiated an appeal to the Equal Employment Opportunity

Commission (Commission or EEOC) from a final agency decision (FAD)

concerning her claim that the agency discriminated against her in

violation of Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. � 2000e et seq. and the Equal Pay Act of 1963 (EPA), 29

U.S.C. � 206(d).<1> Complainant alleged that she was discriminated

against on the basis of sex (female), based on her perception that

she was performing work at the same grade level as a male co-worker,

but she was not being paid commensurate with her work. The Commission

hereby accepts the appeal in accordance with EEOC Order No. 960.001.

For the reasons that follow, the FAD is AFFIRMED.

At the time of the alleged discriminatory event, complainant was employed

as a data clerk at the Naval Aviation Depot, Marine Corps Air Station,

Cherry Point, North Carolina. Believing that she was the victim of

discrimination, complainant sought EEO counseling and, thereafter,

filed a formal EEO complaint. The agency accepted the complaint for

investigation and complied with all of our procedural and regulatory

prerequisites. Subsequently, complainant requested a hearing before

an EEOC Administrative Judge (AJ), which was held on July 9, 1996.

On December 3, 1996, the AJ issued a Recommended Decision (RD) finding no

discrimination. In her RD, the AJ concluded that complainant failed to

establish a prima facie case of discrimination in violation of the EPA.

Specifically, the AJ reasoned that while complainant established that

she received lower pay than a male co-worker under similar working

conditions, she failed to show that her work required skill, effort,

and responsibility equal to that of her male co-worker. Thereafter, the

agency adopted the RD and issued a FAD, dated January 10, 1997, finding

no discrimination. It is from this agency decision that complainant

now appeals. No contentions were submitted on appeal.

Pursuant to 64 Fed. Reg 37,644, 37,659 (1999) (to be codified at

29 C.F.R. � 1614.405(a)), all post-hearing factual findings by an

Administrative Judge will be upheld if supported by substantial evidence

in the record. Substantial evidence is defined as "such relevant evidence

as a reasonable mind might accept as adequate to support a conclusion."

Universal Camera Corp. v. National Labor Relations Board, 340 U.S. 474,

477 (1951) (citation omitted). A finding regarding whether or not

discriminatory intent existed is a factual finding which will be upheld

if supported by substantial evidence. See Pullman-Standard Co. v. Swint,

456 U.S. 273, 293 (1982).

After careful review of the entire record, including arguments and

evidence not specifically addressed in this decision, the Commission finds

that the AJ's RD presented the relevant facts, and properly analyzed

the appropriate regulations, policies and laws. The Commission discerns

no basis to disturb the AJ's finding. Accordingly, the FAD is AFFIRMED.

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.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION-EQUAL PAY ACT (Y1199)

You are authorized under section 16(b) of the Fair Labor Standards Act

(29 U.S.C. � 216(b)) to file a civil action in a court of competent

jurisdiction WITHIN TWO YEARS or, if the violation is willful, THREE YEARS

of the date of the alleged violation of the Equal Pay Act regardless of

whether you have pursued any administrative complaint processing. The

filing of the 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:

February 23, 2000

_________________________

Date Frances M. Hart

Executive Officer

Executive Secretariat

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed. I certify

that this decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

Date

Equal Employment Assistant

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.