01a05876
11-22-2000
Gladys Towne, Complainant, v. F. Whitten Peters, Secretary, Department of the Air Force, Agency.
Gladys Towne v. Department of the Air Force
01A05876
November 22, 2000
.
Gladys Towne,
Complainant,
v.
F. Whitten Peters,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 01A05876
Agency No. 5X1L99026
DECISION
Complainant filed a timely appeal with this Commission from an agency's
decision dated August 1, 2000 dismissing her complaint of unlawful
employment discrimination in violation of Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. � 2000e et seq.<1> In her complaint,
as characterized by the agency, complainant alleged that she was subjected
to discrimination on the basis of race (African-American) when:
her supervisor slandered her name to others in her work area and
attempted to set her up for failure, with the most recent incident of
slander occurring on or about March 30, 1999; and
her supervisor directed that a nativity scene that complainant had set
up in the office waiting area be moved from the waiting area in December
1998.
The agency dismissed claim 1, pursuant to EEOC Regulation 29 C.F.R. �
1614.107(a)(1)) for failure to state a claim. The agency dismissed claim
2, pursuant to EEOC Regulation 29 C.F.R. � 1614.107(a)(2), for untimely
counselor contract.
Claim 1
The agency dismissed claim 1 for failure to state a claim on the ground
that complainant has not suffered with respect to a term, privilege,
or condition of her employment as a result of her supervisor's allegedly
slanderous remarks. We find that the agency's position is well taken.
The Commission has repeatedly found that remarks or comments unaccompanied
by a concrete agency action are not a direct and personal deprivation
sufficient to render an individual aggrieved for the purposes of
Title VII. See Backo v. United States Postal Service, EEOC Request
No. 05960227 (June 10, 1996); Henry v. United States Postal Service,
EEOC Request No. 05940695 (February 9, 1995). Complainant has pointed
to no concrete agency action that has resulted from the alleged actions
of her supervisor to her detriment. Accordingly, the agency's final
decision dismissing Claim 1 is AFFIRMED.
Claim 2
Upon review, the Commission finds that claim 2 was properly dismissed
pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely EEO counselor
contact. The record discloses that the alleged discriminatory event
occurred in December 1998, but complainant did not initiate contact with
an EEO counselor until April 1999, which is beyond the forty-five (45) day
limitation period. On appeal, no persuasive arguments or evidence have
been presented to warrant an extension of the time limit for initiating
EEO contact. Accordingly, the agency's final decision dismissing Claim
2 is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
November 22, 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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.