01A10177_r
03-07-2002
Leroy Thomas, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Leroy Thomas v. Department of Transportation
01A10177
March 7, 2002
.
Leroy Thomas,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A10177
Agency No. 1-00-1111
DECISION
In a formal EEO complaint dated October 14, 1999, complainant claimed
that he was subjected to discrimination on the bases of his race
(African-American), color (black), and in reprisal for his previous EEO
activity under Title VII when:
1. His Manager provided no support or acknowledgment of his efforts
and accomplishments on a major communications project for the period
of 1992-1996.
2. In March or April 1998, he was denied a detail to the position of
Manager of Systems Operations.
3. Management sanctioned biased acts against African-Americans by not
disciplining the perpetrators.
4. The hiring and recruitment of African-Americans at the New York
Center has been unfair.
5. His Manager dismantled the local EEO advisory committee even though
there are continued EEO problems at the facility.
6. Management did not take sufficient steps to secure a derogatory
e-mail sent by another employee. The e-mail allegedly referred to black
employees as hamsters.
7. In March 1998, management changed and softened the wording of an
EEO survey and final report, which raised concerns among African-American
employees.
8. Management dropped the investigation into the origin of a derogatory
e-mail.
Complainant claimed that the alleged incidents constituted a hostile
work environment. As relief, in part, complainant requests an award of
compensatory damages.
Upon review, the Commission finds that claims (1) and (2) of complainant's
complaint were properly dismissed pursuant to 29 C.F.R. �1614.107(a)(2),
on the grounds of failure to contact an EEO Counselor in a timely manner.
The record reveals that the alleged incident in claim (1) occurred from
1992-1996 and the alleged incident in claim (2) occurred in March or April
1998. Complainant did not initiate contact with an EEO Counselor until
December 3, 1998, after the expiration of the 45-day limitation period.
Complainant has not submitted adequate justification for an extension of
the 45-day limitation period. Furthermore, we find that claims (1) and
(2) are separate from the issues raised in the remainder of the complaint.
Accordingly, the agency's dismissal of claims (1) - (2) was proper.
Upon review, the Commission finds that claims (3) - (8), when viewed as
one claim of harassment, or individually, were properly dismissed pursuant
to 29 C.F.R. � 1614.107(a)(1), on the grounds of failure to state a claim.
The Commission finds that these incidents are not sufficiently severe
or pervasive to state a claim of harassment.
The agency's decision dismissing the complaint is affirmed.
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 7, 2002
__________________
Date