01A30366_r
12-04-2002
Mary Ann Peterson-Porta, Complainant, v. Elaine Chao, Secretary, Department of Labor, Agency.
Mary Ann Peterson-Porta v. Department of Labor
01A30366
December 4, 2002
.
Mary Ann Peterson-Porta,
Complainant,
v.
Elaine Chao,
Secretary,
Department of Labor,
Agency.
Appeal No. 01A30366
Agency No. 9-02-016
DECISION
Upon review, the Commission finds that the agency properly dismissed
complainant's complaint. In her complaint, complainant claimed that
she was discriminated against in retaliation for prior EEO activity
when there were continual violations of the EEO complaint process by
the Director of Civil Rights. Specifically, complainant raised the
following matters: an EEO officer's refusal to accept complaints; the
poor quality of the agency's Civil Rights Center (CRC) investigations,
including deficient efforts to interview complainant's witnesses and
to document complainant's position; and, CRC's failure to discourage
reprisal by management. The Commission notes that complainant has not
challenged the definition of her complaint by the agency.
The agency has referred complainant's concerns to the agency official
responsible for the quality of complaint processing, and claims to have
taken the following actions to resolve complainant's complaint:
The Civil Rights Officer (CRO) changed the voice mail message on the
telephone, which now instructs employees seeking counseling to call the
National Coordinator of Counselors if the CRO is unavailable;
Based on the claim that mail labeled �Confidential� by the CRO was
being opened, the CRO was instructed to direct all correspondence to
complainant's representative's home address, where he was acting in the
capacity of an employee's representative;<1>
The CRO was instructed to accept all informal complaints for counseling;
and
The CRC's Director has offered to meet with complainant, as well as
seven complainants who had similar claims, in order to further address
their concerns.
The Commission finds that complainant's claim of improper processing
was properly dismissed pursuant to 29 C.F.R. �� 1614.107(a)(1) and
1614.107(a)(8). Complainant has failed to state an independent claim
of discrimination or retaliation, because as a result, complainant did
not suffer a personal loss or harm to a term, condition or privilege of
her employment. Therefore, the agency's decision dismissing complainant's
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
December 4, 2002
__________________
Date 1Complainant's representative has also filed
a complaint of discrimination and retaliation, which includes claims of
improper complaint processing by the agency.