0120073733
04-26-2010
Pricilla M. Peterson, Complainant, v. Tom J. Vilsack, Secretary, Department of Agriculture, (Forest Service), Agency.
Pricilla M. Peterson,
Complainant,
v.
Tom J. Vilsack,
Secretary,
Department of Agriculture,
(Forest Service),
Agency.
Appeal No. 0120073733
Agency No. FS-2006-01800
DECISION
Upon review, we find that the agency in its decision dated August 10,
2007, properly dismissed complainant's complaint pursuant to 29 C.F.R. �
1614.107(a)(1) for stating the same claim that had previously been decided
by the agency. The record indicates that complainant filed the instant
complaint, dated March 20, 2006, alleging discrimination based on sex
(female) and in reprisal for prior EEO activity when from July 2005,
through January 12, 2006, her supervisor failed to properly use the
Geographical Information System (GIS) for her job assignments/progression,
and subsequently, limited her job performance; unjustly criticized her
work by stating that it was "unacceptable and full of errors;" limited
her training opportunities by denying her the opportunity to become
involved in extracurricular training projects as similarly situated male
coworkers were; denied her the opportunity to participate in fire courses
unless they were directly associated with the upkeep of her red card
qualifications; counted her GIS Katrina Trainee assignment time against
her future 20-day fire assignment; denied her use of the GIS laptop and
a Global Positioning Satellite unit for the Katrina assignment although
similarly situated male coworkers were allowed to use it; and denied
her request to attend the 1900-01 Forest Plan Implementation course in
Redding, California on February 6-10, 2006, although similarly situated
male coworkers were allowed to attend.
The record indicates that complainant previously filed another formal
complaint on February 8, 2006, Agency No. FS-2005-01734. On July 25,
2007, an EEOC Administrative Judge issued his decision which effectively
became the agency's final order on August 4, 2007, concerning the prior
complaint.1 See 29 C.F.R. � 1614.109(i). The record indicates that
in the prior complaint, complainant alleged that she was discriminated
against by the same supervisor, described above, based on her sex and
in reprisal for prior EEO activity when between 2003 to 2006, she was
falsely accused of not following the supervisor's instructions; denied
a request to attend a training conference in San Diego, California,
and not granted other specific training opportunities; was reimbursed
at only the lowest allowable mileage rate for business trips; yelled
at by the supervisor; given inferior office equipment; asked to clean
up her work station before leaving on one extended detail assignment;
and not granted another detail assignment which she had sought.
Based on the foregoing, we find that the claims raised in the instant
complaint are the same claims that are raised in the prior complaint
concerning complainant's working conditions, i.e., work assignments,
performance, training, and office equipment which occurred in 2003
through 2006, which were already decided by the agency.
Accordingly, the agency's final decision dismissing complainant's
complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 77960,
Washington, DC 20013. 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 (S0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
4/26/10
__________________
Date
1 Our record indicates that complainant appealed this final order to the
Commission and the matter is pending before the Commission under Appeal
No. 0120080077.
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0120073733
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013