Peggy L. Bouyer, Complainant,v.David J. Barram, Administrator, General Services Administration, Agency.

Equal Employment Opportunity CommissionFeb 29, 2000
01a00384 (E.E.O.C. Feb. 29, 2000)

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.