01a30690_r
03-17-2003
Patri A. Tropez, Complainant, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.
Patri A. Tropez v. Department of Agriculture
01A30690
March 17, 2003
.
Patri A. Tropez,
Complainant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Appeal No. 01A30690
Agency No. 010690
DECISION
Upon review, the Commission finds that the agency's decision dated
September 30, 2002, dismissing complainant's complaint for failure to
state a claim is proper pursuant to 29 C.F.R. � 1614.107(a)(1). In her
complaint, complainant alleged discrimination on the basis of reprisal for
her prior dispute over the Human Resource Official's denial of position
upgrades, to GS-12, on or about September 1999, for herself and other
personnel within her division. Specifically, complainant alleged that on
or about April 3, 2001, she was not referred for the position of Computer
Specialist, GS-334-13, under Vacancy Announcement Number NFC 01-025.
EEOC Regulation 29 C.F.R. �1614.101(b) provides that no person shall be
subject to retaliation for opposing any practice made unlawful by title
VII of the Civil Rights Act (title VII) (42 USC �2000e et seq.), the Age
Discrimination in Employment Act (ADEA) (29 USC 621 et seq. ), the Equal
Pay Act (29 USC 206(d)) or the Rehabilitation Act (29 USC 791 et seq.) or
for participating in any stage of administrative or judicial proceedings
under those status. Section 704(a) of Title VII (42 U.S.C. �2000e-3(a))
provides that it shall be unlawful for an employer to discriminate against
any of his employees or applicants for employment because �he has opposed
any practice made unlawful by this title, or because he had made a charge,
testified, assisted, or participated in any manner in an investigation,
proceeding, or hearing under this title.� (Emphasis added.)
In its decision, the agency, undisputed by complainant, stated that
during the position upgrade dispute of 1999, complainant did not oppose
any unlawful discrimination. There is no evidence in the record that
complainant filed any previous EEO complaints, or engaged in any other
protected activity covered under the EEOC Regulations. On appeal,
complainant, reiterating her arguments she previously made concerning her
position upgrade dispute and the denial of a promotion at issue, does
not raise any new contentions. Based on the foregoing, the Commission
finds that complainant's complaint on the basis of reprisal fails to a
state a claim within the purview of the regulations.
Accordingly, the agency's decision is hereby 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
March 17, 2003
__________________
Date