0120055463
11-15-2006
LaShawn R. Rozier, Complainant, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
LaShawn R. Rozier,
Complainant,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Appeal No. 01200554631
Agency No. FNP2004019
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's July 13, 2005 final decision in the
above-entitled matter. Complainant alleged that the agency discriminated
against her on the bases of race (African-American), color (Black),
and reprisal for prior protected EEO activity under an EEO statute that
was unspecified in the record when:
(1) She was subjected to harassment and treated differently than
similarly situated employees when she was placed on leave restrictions
(March 31, 2003);
(2) She was placed on a detail assignment to the Fee Management
Program (August
2003);
(3) She was subjected to harassment and treated differently than
similarly situated White employees regarding the leave policies (August
2003 and ongoing). For example,
(a) She became aware that her supervisor made an inquiry to a
non-government entity regarding her truthfulness on a leave request
(November 7, 2003); and
(b) She was required to provide additional documentation regarding her
leave requests, and this requirement did not apply to other similarly
situated employees (August 2003 and ongoing);
(4) She was discriminated against on the basis of reprisal when the
agency proposed to remove her from employment.2
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's final decision
because the preponderance of the evidence of record does not establish
that discrimination occurred.3
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
___11-15-06_______________
Date
1 Due to a new data system, your case has been redesignated with the
above referenced appeal number.
2 Although the agency did not list claim (4) as a claim in the
"allegations" portion of its decision, it did analyze said claim in
its decision. See Agency decision, pp 13-17.
3 The agency dismissed claim (1) as untimely because complainant failed
to contact an EEO Counselor within 45 days of the incident; however,
it analyzed the claim on the merits. See 29 C.F.R. � 1614.105(a)(1)
and .107(a)(2). Similarly, it dismissed complainant's claim of hostile
work environment from 2001 to August 2003 as untimely. Id. The agency
specifically found that complainant could not show that her claim
of hostile work environment was part of a continuing violation since
she was under different supervision during the relevant time period.
The Commission finds that the agency properly dismissed the above
stated claims as untimely pursuant to 29 C.F.R. � 1614.105(a)(1)
and .107(a)(2).
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0120055463
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120055463