01a00384
02-29-2000
Peggy L. Bouyer, Complainant, v. David J. Barram, Administrator, General Services Administration, Agency.
Peggy L. Bouyer, )
Complainant, )
)
v. ) Appeal No. 01A00384
) Agency No. 02980014
) Hearing No. 160-99-8495X
David J. Barram, )
Administrator, )
General Services Administration, )
Agency. )
________________________________)
DECISION
The Commission finds that the agency's September 15, 1999 decision
finding that the agency did not discriminate against complainant based
on complainant's color (black) and in retaliation for prior protected
activity, was proper.<1>
Complainant alleged in her complaint that she was discriminated against on
the basis of color when she was subjected to a hostile work environment
when her supervisors failed to stop her coworkers from using nail polish
and hair spray that aggravated her allergic and asthmatic conditions.
Complainant also alleged that she was retaliated against for her
prior protected activity when, following a May 13, 1998 incident, she
was relocated from her official work location to another floor, her
visits to her official work location were restricted, the complainant's
supervisor sabotaged her computer, and the complainant's supervisor
divulged confidential information concerning her to her coworkers.
Complainant requested a hearing before an EEOC Administrative Judge.
An administrative judge issued a decision dated August 17, 1999 without
holding a hearing. The Commission finds that the issuance of a decision
without a hearing by the administrative judge was appropriate because
the material facts were not in genuine dispute. The administrative judge
found that: (1) the agency took immediate action to remedy complainant's
concern about the nail polish and hair spray; (2) the agency moved
complainant from the 20th floor to the 21st floor, as agreed to by
complainant, after she had a verbal altercation with coworkers (in which
complainant threatened to kill a coworker); (3) there was no evidence
showing that complainant's computer was sabotaged; and (4) there was
no evidence showing that complainant's supervisor released confidential
information concerning complainant. The administrative judge concluded
that complainant failed to show that the agency discriminated against
complainant as alleged.
In the agency's September 15, 1999 decision the agency concurred with
the decision of the administrative judge. After reviewing complainant's
arguments on appeal and the complete record, the Commission finds that
the administrative judge correctly determined that complainant failed
to show by a preponderance of the evidence that any of the complained
of actions by the agency were motivated in any way by prohibited
discriminatory animus.
The agency's decision finding no discrimination is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1199)
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
64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �1614.405). 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 64 Fed. Reg. 37,644, 37,661 (1999)
(to be codified and hereinafter referred to as 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 (S1199)
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:
February 29, 2000
DATE
Carlton
M.
Hadden,
Acting
Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_____________________ _________________________ Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
Federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.