01990424
04-18-2000
Lilieth Clarke, Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Lilieth Clarke v. Department of Veterans Affairs
01990424
April 18, 2000
Lilieth Clarke, )
Complainant, )
)
v. ) Appeal No. 01990424
Togo D. West, Jr., ) Agency No. 98-0720
Secretary, )
Department of Veterans Affairs, )
Agency. )
____________________________________)
DECISION
On October 20, 1998, complainant filed a timely appeal with this
Commission from an agency decision received by her attorney on October 2,
1998, pertaining to her complaint of unlawful employment discrimination
in violation of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. � 2000e et seq. <1> In her complaint, complainant alleged that she
was subjected to discrimination on the bases of race (African-Caribbean),
color (black), sex (female), national origin (Jamaican), and in reprisal
for prior EEO activity when:
Complainant was subjected to harassment from May 6, 1996 to the present;
On May 15, 1996, complainant was subjected to a hostile work environment
and intimidation; and
On May 15, 1996, complainant was subjected to sexual harassment when,
as she was leaving a meeting about her performance appraisal, her
supervisor called her a "bitch."
The agency dismissed complainant's complaint pursuant to the regulation
set forth at 64 Fed. Reg. 37,644, 37,656 (1999)(to be codified and
hereinafter referred to as 29 C.F.R. � 1614.107(a)(1)) on the grounds that
her complaint states the same claim that is pending before or has been
decided by the agency or Commission. The agency notes that on September
3, 1996, complainant's previous complaint was accepted for processing,
which included the issue of whether complainant was harassed at several
meetings discussing her proficiency report. Thus, the agency claims
that both the previous complainant and the present one involve alleged
harassment beginning in May 1996.
In the present case, we find that complainant alleges that she
was discriminated against when she was subjected to harassment and
intimidation from May 1996 to the present. The record indicates that
complainant previously filed an EEO complaint (Agency No. 97-0050)
concerning a hostile work environment beginning in May 1996. We find that
the present complaint states the same claim as raised in complainant's
previous complaint. Because we have decided to dismiss complainant's
complaint on the grounds that it states the same claim as previously
decided by the agency, it is unnecessary to discuss the agency's alternate
grounds for dismissal.
Accordingly, we find that the agency's dismissal of complainant's
complaint was proper and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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:
April 18, 2000
____________________________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.