01A04810
12-03-2002
Laura A. Jackson, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Laura A. Jackson v. Department of Veterans Affairs
01A04810
12-03-02
.
Laura A. Jackson,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A04810
Agency Nos. 98-0901, 98-0934, 98-0923
Hearing Nos. 370-98-X2723, 370-98-X2714, 370-99-X2027
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final order in the above-entitled matter.<1>
Complainant alleged that she was discriminated against on the basis
of harassment in reprisal for prior EEO activity when: (1) the agency
contested her claim for Nevada state unemployment benefits and presented
extra witnesses from Human Resources at the unemployment benefits hearing
(Hearing Nos. 370-98-X2723 and 370-98-X2714; Agency Nos. 98-0901 and
98-0934);<2> and (2) an agency representative offered only an expedited
disability retirement to resolve a Merit Systems Protection Board Appeal
(Hearing No. 370-99-X2027; Agency No. 98-0923).<3>
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 final agency order dated
May 16, 2000.<4> The Administrative Judge's ultimate finding, that
unlawful employment discrimination was not proven by a preponderance
of the evidence in Hearing Nos. 370-98-X2723 and 370-98-X2714, is
supported by the record; and the Administrative Judge's issuance of a
decision without a hearing in Hearing No. 370-99-X2027 was appropriate,
and a preponderance of the record evidence does not establish that
discrimination occurred.
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
___12-03-02_______________
Date
1 The record reflects that complainant
received the final agency decision on May 24, 2000, and complainant
filed her appeal with the Commission on June 23, 2000. Accordingly,
her appeal was timely filed.
2 We note that, while the Administrative Judge defined the issue as
whether the agency harassed complainant in reprisal when it contested her
claim for Nevada state unemployment benefits, the Administrative Judge
accepted testimony regrading the agency's efforts to present witnesses
from Human Resources at the unemployment benefits hearing.
3 The record reveals that, on April 28, 2000, the Administrative
Judge issued a decision without a hearing finding no discrimination
as to Hearing No. 370-99-X2027. The Administrative Judge then held a
hearing as to Hearing Nos. 370-98-X2723 and 370-98-X2714, and rendered
her decision finding no discrimination on March 3, 2000.
4 Laura A. Jackson v. Department of Veterans Affairs, EEOC Appeal
No. 01A21199, is currently pending before the Commission. After reviewing
both appeals, the Commission finds that these appeals need not be
consolidated.