01A01708
03-05-2003
Marilyn E. Hansen, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Marilyn E. Hansen v. Department of the Air Force
01A01708
03-05-03
.
Marilyn E. Hansen,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 01A01708
Agency No. 5Z1S-96001
Hearing Nos. 340-96-3373x; 340-96-3878x
DECISION
Complainant timely initiated an appeal from the agency's final order
concerning her equal employment opportunity (EEO) complaint of unlawful
employment discrimination in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq. The appeal is accepted pursuant
to 29 C.F.R. � 1614.405.
Complainant alleged that she was discriminated against on the bases
of her sex and/or disability<1> (stress) and/or that she was retaliated
against for previously participating in EEO activity, when 1) her position
description was not rewritten and upgraded to the grade 14 level; 2)
she was not allowed to attend training and educational courses such as
the MSPB Practitioner's Forum in October 1994, Central Labor Law Office
seminar in May 1995, FDR course in June 1995 and the Victim-Witness
seminar in June, 1995; 3) she was not reimbursed for mileage and paid
overtime pay or allowed compensation pay; 4) she was asked or required
to perform legal assistance services; 5) she was not allowed to stay in
bachelor officer quarters after duty hours when working late; 6) in July
1995 she received a fully successful, rather than superior, performance
rating; and 7) on September 15, 1995, her supervisor allegedly wrote
disparaging comments about her, violated privacy laws, and misrepresented
a privileged and confidential medical report. Complainant also alleged
that her supervisor sexually harassed her when he counseled her about
her dress and appearance.
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the referenced matter. After a
review of the record in its entirety, including the Administrative
Judge's post-hearing decision, and having given consideration to
all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the final agency decision
because the Administrative Judge's ultimate finding, that unlawful
employment discrimination was not proven by a preponderance of the
evidence, is supported by the record.
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
___03-05-03_______________
Date
1 For purposes of this decision, we assume without finding that
complainant is an individual with a disability.