Gloria Parker-Allen, Complainant,v.John W. Snow, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionMar 26, 2003
01A30930_r (E.E.O.C. Mar. 26, 2003)

01A30930_r

03-26-2003

Gloria Parker-Allen, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.


Gloria Parker-Allen v. Department of the Treasury

01A30930

March 26, 2003

.

Gloria Parker-Allen,

Complainant,

v.

John W. Snow,

Secretary,

Department of the Treasury,

Agency.

Appeal No. 01A30930

Agency No. 02-2410T

DECISION

Complainant filed a timely appeal with this Commission from an agency

decision dated October 16, 2002, dismissing her complaint of unlawful

employment discrimination. In her complaint, complainant alleged that

she was subjected to discrimination on the basis of reprisal for prior

EEO activity when:

On July 24, 2002, the complainant was denied access (not allowed in) into

the Office of the Comptroller of the Currency (OCC) office building; and

On February 5, and August 15, 2002, the complainant's picture was posted

at the Security desk.

The agency dismissed claims (1) and (2) pursuant to the regulation set

forth at 29 C.F.R. � 1614.107(a)(1), for failure to state a claim. With

regard to issue (1), the agency notes that complainant was employed by

the OCC until she resigned on January 4, 2002, per a settlement agreement

in Agency Case No. TD-02-1049. The agency notes that complainant claims

she went to the OCC on July 24, 2002, to deliver a job application for

a Legal Technician position in the Enforcement and Compliance Division.

The agency purports that after being denied access to the premises,

complainant deposited her job application at the Security desk.

The agency acknowledges that complainant's application was received in a

timely manner and states that after she was found qualified, complainant

was interviewed for the position at issue. Thus, the agency argues that

complainant failed to show that the denial of access to the premises

resulted in a harm to a term, condition, or privilege of employment.

With regard to issue (2), the agency states that complainant has failed

to show that she suffered a harm to a term, condition, or privilege of

employment by the posting of her picture at the Security desk.

Complainant also alleged in the complaint that the agency is not providing

complainant a good reference for employment purposes. The agency notes

that complainant entered into a settlement agreement for Agency Case

No. TD-02-1049 which provided that within thirty days after approval

of the agreement, the Deputy Chief Counsel, will give complainant a

favorable Letter of Reference setting forth the dates of employment,

position, grade and performance appraisals. The agency stated that

the reference letter was provided to complainant. The agency noted

that other than stating that she did not receive the reference letter

until February complainant does not provide any specifics with regard

to this claim.<1> The agency stated that it assumed complainant was

claiming breach of the settlement agreement and advised her to contact

the Director, Office of Equal Employment Opportunity Program, (OEOP)

in writing, of the alleged non-compliance, within 30 days of when she

learned of the alleged non-compliance.

On appeal, complainant states that the agency improperly dismissed

her breach of settlement claim. Complainant states that she raised

the issue of breach of settlement on July 29, 2002, with the agency's

OEOP at OCC indicating her belief that the agency was giving her bad

references based on the refusal of the agency to permit her entrance

into the building to file an application for employment on July 24,

2002. Thus, complainant requests that the agency investigate this issue.

In response to complainant's appeal, the agency reiterates its

position that issues (1) and (2) fail to state a claim of employment

discrimination. With regard to the breach issue, the agency states

that complainant was advised in the settlement agreement to raise breach

allegations with the Director, OEOP, with the agency and not with OCC.

The agency notes that complainant previously filed a breach claim in

February 2002, with the Director, OEOP and thus argues that she knows

the proper manner in which to allege breach. The agency further states

that complainant does not explain how her denial of access to OCC or

the posting of her picture at the Security desk indicates that the OCC

breached the settlement agreement.

Upon review, we find that the agency properly dismissed issues (1) and

(2) for failure to state a claim. We find that with regard to these

issues complainant has failed to state a cognizable claim of employment

discrimination.

With regard to complainant's breach claim, we find that complainant has

failed to show that the agency breached the January 4, 2002 settlement

agreement. The settlement agreement stated that within thirty days

of the approval of the agreement, the Deputy Chief Counsel, will give

complainant a favorable Letter of Reference setting forth the dates

of employment, position, grade and performance appraisals. Despite

complainant's suspicion that the agency was giving her bad references

based on the refusal to permit her entrance to the building and the

posting of her picture at the Security Desk, we find that she has not

provided any evidence in support of this contention. Further, we note

that the settlement agreement only provided that the agency would give

a favorable Letter of Reference for complainant from the Deputy Chief

Counsel, which complainant acknowledged she received in February 2002.

Accordingly, the agency's final decision dismissing claims (1) and (2)

is AFFIRMED and we find no breach of the settlement agreement.

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

March 26, 2003

__________________

Date

1We note that complainant filed a breach of

settlement claim on February 5, 2002, alleging that the agency failed

to provide her with a Letter of Reference specified in the settlement

agreement of Agency Case No. TD-02-1049. Complainant appealed this

matter to the Commission and it is being addressed under EEOC Appeal

No. 01A22585.