01a52834
06-14-2005
Janice Tyson Wolf, Complainant, v. Alphonso Jackson, Secretary, Department of Housing and Urban Development, Agency.
Janice Tyson Wolf v. HUD
01A52834
June 14, 2005
.
Janice Tyson Wolf,
Complainant,
v.
Alphonso Jackson,
Secretary,
Department of Housing and Urban Development,
Agency.
Appeal No. 01A52834
Agency No. 05-024
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated January 31, 2005, 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.
On June 15, 2004, complainant filed a grievance under the collective
bargaining agreement between the agency and the incumbent union<1>.
In the grievance, complainant alleged that the agency changed the terms
of a tele-work agreement that allowed her to work from home most days
and report to the office only several times per month. Also, in the
grievance, complainant explained that she would like the agency to grant
her a hardship exception which would allow her to work from her home
in North Carolina five days per week and to report to her duty station
in the District of Columbia once or twice per month. In a grievance
decision dated August 6, 2004, the agency denied complainant's request.
Subsequently, complainant initiated EEO contact and, on November 30,
2004, filed a formal complaint alleging that the agency discriminated
against her on the bases of race (African-American) and sex (female)
when it failed to grant her a tele-working hardship exception.
The agency dismissed complainant's claim pursuant to 29 C.F.R. �
1614.107(a)(4) for raising the same matter in a negotiated grievance
procedure that allows allegations of discrimination. We affirm the
agency's dismissal. Complainant raised the issue of a tele-work hardship
exception in her June 2004 grievance as well as in her November 2004 EEO
complaint, and the negotiated grievance process allows for allegations
of discrimination. Complainant elected the negotiated grievance process
when she filed a timely written grievance before she filed a formal
EEO complaint. 29 C.F.R. � 1614.301.
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
June 14, 2005
__________________
Date
1We note that Section 19.09 of the collective
bargaining agreement allows employees the option of pursuing a complaint
of discrimination under either the negotiated grievance procedure or
the statutory administrative process, but not both.