01A23489
03-17-2003
Michael L. Haskins, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, Agency.
Michael L. Haskins v. Department of Defense
01A23489
03-17-03
.
Michael L. Haskins,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
Agency.
Appeal No. 01A23489
Agency No. DT-97-073
Hearing No. 310-99-5833X
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 alleged that the agency had discriminated against him when:
(1) on July 18, 1997, based on reprisal (prior EEO activity), the Depot
Commander directed that all advertisements and publications produced
by complainant's private business (Diversified Resource Group-DRG),
be removed from the Distribution Depot Red River (DDRR) bulletin boards
and when complainant was notified that future advertisements must be
cleared through complainant's immediate supervisor;
(2) on July 21-23, 1997, based on his race (African American), complainant
was made the subject of an investigation to determine whether government
resources were being used in complainant's DRG business. As part of the
investigation, complainant's computer files were downloaded and it was
alleged that some 900 pornographic images were discovered. As a result of
the pornography, complainant was placed on 11 hours paid administrative
leave, 3 hours on July 22, and 8 hours on July 23, pending completion
of an investigation. Complainant was returned to work on July 24, 1997.
(3) on July 21, 1997, based on retaliation, complainant was issued a
written directive informing him that the agency would not authorize or
approve any official time or use of official government resources for
complainant's representational activities on behalf of DRG or any other
outside entity. Complainant was advised that if he wished to represent
employees in the EEO process in his individual capacity, he was required
to request official time and receive prior approval from his supervisor.
(4) on August 8, 1997, based on retaliation, complainant was informed
that he would no longer be allowed 20% of his work time to perform EEO
representational duties (as an EEO representative).
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
___03-17-03_______________
Date