Juanita Conley, Complainant,v.Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionMar 26, 2003
05a20515 (E.E.O.C. Mar. 26, 2003)

05a20515

03-26-2003

Juanita Conley, Complainant, v. Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency.


Juanita Conley v. Department of the Navy

05A20515

March 26, 2003

.

Juanita Conley,

Complainant,

v.

Hansford T. Johnson,

Acting Secretary,

Department of the Navy,

Agency.

Request No. 05A20515

Appeal No. 01A20166

Agency No. DON-01-00030-02

DENIAL OF REQUEST FOR RECONSIDERATION

Juanita Conley (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Juanita Conley v. Department of the Navy, EEOC Appeal

No. 01A20166 (February 14, 2002). EEOC Regulations provide that the

Commission may, in its discretion, reconsider any previous Commission

decision where the requesting party demonstrates 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. See 29 C.F.R. �

1614.405(b).

On August 7, 2001, complainant filed a formal complaint claiming that she

was discriminated against on the bases of race, sex, age and in reprisal

for prior protected activity. In its final decision dated September 6,

2001, the agency determined that the complaint was comprised of two

claims, identified as follows:

(a) complainant was directed by her supervisor on May 17, 2001, to

perform an administrative task; and

(b) that direction was repeated and she was threatened with discipline

by a memorandum from her supervisor dated June 28, 2001.

The agency dismissed the two claims for failure to state a claim.

Moreover, the agency was not persuaded by complainant's assertion that

she was subjected to a continuing practice of harassment, as documented

by a prior EEO complaint (Case No. 00-00030-004) and the events set

forth in claims (a) and (b) of the instant complaint. The agency noted

that the prior complaint, which had been investigated and was pending a

decision, concerned specific incidents of disparate treatment. Finally,

the agency determined that claims (a) and (b) were not sufficient severe

and pervasive to state a claim of discriminatory harassment. Complainant

appealed the agency's decision to the Commission.

The previous decision affirmed the agency's dismissal for failure to state

a claim. See Conley v. Department of the Navy, EEOC Appeal No. 01A20166

(Feb. 14, 2001). With respect to claim (a), the Commission noted that

being directed by a supervisor to perform a specific task does not

state a claim. Regarding claim (b), the record did not establish that

complainant was issued a discipline. The Commission found that because

the incident concerned only a proposed act, it failed to state a claim.

In complainant's request for reconsideration she reiterates previously

made arguments. Complainant contends that her complaint addressed a

continuing pattern of discrimination that resulted in a hostile work

environment, and that the agency erroneously fragmented her claim into two

incidents. Complainant cites her prior complaint (Case No. 00-00030-004),

as establishing the basis for the instant complaint.

In response, the agency contends that complainant has failed to meet

the request for reconsideration criteria and asks that the prior

decision stand. With respect to complainant's assertions regarding

her prior EEO complaint (Case No. 00-00030-004), the agency states

that the investigation was completed approximately three months before

complainant sought EEO counseling on the instant complaint. Further,

an agency decision finding no discrimination was issued on December 17,

2001, which complainant appealed to the Commission. The agency argues

that it would be inappropriate to unite the instant claims with events

from the prior complaint, which occurred in June or July of 2000, almost

one year earlier. The agency also disputes complainant's contention that

it failed to address her claim of harassment. In its September 6, 2001

decision, argues the agency, it reasoned that either on their own or as

supporting a claim of harassment neither claim (a) or (b) stated a claim.

After a review of complainant's request for reconsideration, the previous

decision, and the entire record, the Commission finds that the request

fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it is the

decision of the Commission to deny the request. The decision in EEOC

Appeal No. 01A20166 remains the Commission's final decision. There is no

further right of administrative appeal on the decision of the Commission

on this request for reconsideration.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

This decision of the Commission is final, and there is no further right

of administrative appeal from the Commission's decision. 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.

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