01A20061
03-18-2003
Linda Sites, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Linda Sites v. Department of the Army
01A20061
03-18-03
.
Linda Sites,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Appeal No. 01A20061
Agency Nos. 9610G1080 and 9701H3180
Hearing No. 100-A0-7451X
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. Complainant filed complaints based on sex (female) and reprisal
for protected EEO activity when:
Agency No. 9610G1080
(1) Complainant was denied the opportunity to perform the major duties
of her job description for the period October 1995 through September 1996;
(2) Beginning in February 1996, her primary duties were assumed by the
military executive officer and she was given tasks of low value and
difficulty that were not commensurate with her grade and position;
(3) Complainant was not provided a performance plan and performance
counseling for the duties and responsibilities assigned to her for the
period February 1996 through September 1996;
(4) Complainant was excluded from meetings, information, and the decision
making process during October 1995 through April 1996;
(5) Complainant was subjected to a hostile work and social environment
during October 1995 through September 1996;
(6) Complainant was subjected to verbal harassment from her supervisor
on December 15, 1995, March 4-5, 1996, March 22, 1996, and March 28, 1996;
(7) Complainant was excluded from consideration for a training opportunity
for her position;
(8) On February 28, 1996, her supervisor engaged in negative conversations
about complainant;
(9) Complainant was denied relief for her complaint of untenable work
conditions harassment, discrimination, and unethical behavior.
Agency No. 9701H3180
(10) On September 4, 1997, complainant's supervisor gave her a performance
appraisal for the period October 1, 1996 through June 30, 1997, that
contained weakly worded accomplishment statements and errors while giving
an inaccurate superlative appraisal to a male employee;
(11) Complainant's supervisor harassed her throughout the appraisal
process by delaying the process, making unpleasant comments not pertinent
to her performance, and not discussing her actual accomplishments;
(12) Complainant's supervisor gave her an inappropriate performance award
(40 hours time off) for the appraisal at issue, while the male employee
received a 2% cash award; and
(13) Complainant's supervisor denied her leave request for September 8-17,
1997, to attend to personal, legal, and time sensitive business.
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 order,
because the Administrative Judge's issuance of a decision without a
hearing 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
_____03-18-03_____________
Date