01990168
04-19-2000
Phyllis J. Cournan, Complainant, v. Janet Reno, Attorney General, Department of Justice, Agency.
Phyllis J. Cournan v. Department of Justice
01990168
April 19, 2000
Phyllis J. Cournan, )
Complainant, )
)
v. ) Appeal No. 01990168
) Agency No. F-98-5140
)
Janet Reno, )
Attorney General, )
Department of Justice, )
Agency. )
______________________________)
DECISION
The Commission finds that the agency's decision dated September 23, 1998
dismissing complainant's complaint for stating the same claim that had
been decided by the agency and/or for failure to state a claim is proper
pursuant to the regulation set forth at 64 Fed. Reg. 37,644, 37656 (to
be codified as and hereinafter cited as 29 C.F.R. � 1614.107(a)(1)).<1>
In her complaint, complainant alleged that: (1) she was removed as
Physical Fitness Program Coordinator in Fall of 1995, and a major case
that she developed was reassigned in Spring of 1995; (2) on January 7,
1998, during her conversation with the Special Agent In Charge (SAC)
about her possible transfer, the SAC advised her that he was going to
check into her transferability for the "good of the bureau;" and (3)
the SAC contacted her husband's employer regarding the possibility of
his transferability.
Upon review, we find that complainant raised claim (1) in her previous
complaint, Agency No. F-97-5071, which had been, previously, decided
by the agency. With regard to claim (2), there is no indication that
she was harmed as a result of the alleged remark. The Commission has
consistently held that a remark or comment unaccompanied by concrete
action is not a direct and personal deprivation sufficient to render
an individual aggrieved for the purposes of Title VII. Henry v. USPS,
EEOC Request No. 05940695 (February 9, 1995). Thus, we find that claim
(2) fails to state a claim. With regard to claim (3), we find that
this does not concern complainant, rather it concerns a third party,
her husband; thus, complainant is not aggrieved.
Accordingly, the agency's final decision is hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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); 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 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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:
April 19, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
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.