Linda J. Allenv.Department of State 01A02849 August 9, 2000 .Linda J. Allen, Complainant, v. Madeline K. Albright, Secretary, Department of State, Agency.

Equal Employment Opportunity CommissionAug 9, 2000
01a02849 (E.E.O.C. Aug. 9, 2000)

01a02849

08-09-2000

Linda J. Allen v. Department of State 01A02849 August 9, 2000 .Linda J. Allen, Complainant, v. Madeline K. Albright, Secretary, Department of State, Agency.


Linda J. Allen v. Department of State

01A02849

August 9, 2000

.Linda J. Allen,

Complainant,

v.

Madeline K. Albright,

Secretary,

Department of State,

Agency.

Appeal No. 01A02849

Agency No. 0005

DECISION

Complainant filed a timely appeal with this Commission from a final

agency decision (FAD) dated January 14, 2000, dismissing 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. (Title

VII).<1>

Complainant alleged that she was subjected to discrimination on the

bases of race (white), sex (female), and national origin (U.S. Citizen)

when from February 1998 to June 1999, complainant was subjected to

discrimination and harassment by her immediate supervisor. The agency

issued a FAD dated, January 14, 2000, dismissing the complaint for lack

of jurisdiction. Specifically, the FAD stated that the Border Environment

Cooperation Commission (BECC), is an international organization that

has immunity from Title VII.

The record reveals that the BECC was created under an agreement between

the United Mexican States and the United States of America in November

1993. We find that the BECC was granted immunity from Equal Employment

Opportunity statutes by the United States International Organizations

Immunities Act.<2> 22 U.S.C. � 288. Ex. Or. No. 12904 (March 16, 1994).

59 F.R. 13179. There is no evidence in the record that the BECC has

waived its immunity. Accordingly, the agency's decision to dismiss the

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:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

August 9, 2000

Date

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 founds at the

Commission's website at www.eeoc.gov.

2 See EEOC Compliance Manual, Section 2, "Threshold Issues" (May 20,

1998) at 2-64, 65.