01a33227
12-09-2004
Geraldine M. Whitehead, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Geraldine M. Whitehead v. Department of Transportation
01A33227
December 9, 2004
.
Geraldine M. Whitehead,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A33227
Agency No. 2-03-3027
DECISION
Complainant filed a timely appeal with this Commission from a final
agency decision, dated April 2, 2003, regarding 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.
The Commission accepts the appeal in accordance with 29 C.F.R. � 1614.405.
Complainant contacted the EEO office claiming that she was subjected
to a hostile work environment based on race, color and reprisal.
Informal efforts to resolve complainant's concerns were unsuccessful.
On January 3, 2003, complainant filed the instant formal complaint.
In its decision of April 2, 2003, the agency determined that complainant's
complaint was comprised of the following claim:
Complainant was subjected to a hostile work environment by a Compliance
Enforcement Inspector, ASO-305 staff member (September 9-13, 2002)
when she shunned her, perpetuated an uncooperative, rude, hostile, and
intimidating attitude towards her and delayed processing complainant's
inspection paper which effected her ability to perform her duties.
The agency dismissed the complaint for failure to state a claim. The
agency noted that, the alleged September 2002 incidents that gave rise to
the complaint included the co-worker remaining silent during a 500-mile
car ride and lunch meals; sat apart from complainant at the airport;
was unfriendly; and did not share use of the rental car. The agency
found that complainant failed to establish that the alleged incidents
resulted in a personal loss or harm to a term, condition or privilege
of her employment.
The regulation set forth at 29 C.F.R. � 1614.107(a)(1) provides, in
relevant part, that an agency shall dismiss a complaint that fails to
state a claim. An agency shall accept a complaint from any aggrieved
employee or applicant for employment who believes that he or she
has been discriminated against by that agency because of race, color,
religion, sex, national origin, age or disabling condition. 29 C.F.R. ��
1614.103, .106(a). The Commission's federal sector case precedent has
long defined an "aggrieved employee" as one who suffers a present harm
or loss with respect to a term, condition, or privilege of employment
for which there is a remedy. Diaz v. Department of the Air Force,
EEOC Request No. 05931049 (April 21, 1994).
Complainant claimed that a co-worker has subjected her to a hostile
work environment. Complainant addressed a business trip during the
week of September 9, 2002, during which the co-worker purportedly did
not sit near complainant at the airport, did not speak to complainant
during a lengthy drive, and was uncooperative in sharing the rental car.
The Commission determines that complainant has not shown a personal loss
or harm to a term, condition or privilege of her employment. Further,
the alleged events are not sufficiently severe or pervasive to state
a claim of discriminatory harassment. See Cobb v. Department of the
Treasury, EEOC Request No. 05970077 (March 13, 1997).
Accordingly the agency's decision was proper and is hereby AFFIRMED.
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
December 9, 2004
__________________
Date