01992574
11-18-1999
Radishah Hasan, Complainant, v. Joseph D. Duffey, Director, United States Information Agency,) Agency,
Radishah Hasan, )
Complainant, )
)
v. ) Appeal No. 01992574
) Agency No. OCR9821
Joseph D. Duffey, )
Director, )
United States Information Agency,)
Agency, )
)
DECISION
The Commission finds that the agency's April 20, 1999 decision which
dismissed the complaint on the basis of Complainant's failure to
cooperate, was proper pursuant to EEOC Regulations.
On March 2, 1998, Complainant filed a formal complaint of discrimination
alleging that she had been discriminated against on the bases of race
(African American), sex (female), religion (Muslim), and reprisal
and subjected to a hostile work environment when: (1) on November 6,
1997, her coworkers circulated a petition, containing false statements
about her, with the full knowledge and support of management; (2)
her performance appraisal reports (PAR's) were improperly executed
and similarly situated males (grade level/work assignments) received
outstanding ratings, while she was rated lower; (3) she was verbally
abused by a coworker and management failed to take appropriate action;
(4) she was denied training for supervisory/managerial roles within the
branch, while similarly situated males are trained and mentored by branch
senior staff in preparation for managing editor duties; (5) her input has
been denied for programming and policy with regard to office procedures
and broadcasts; (6) she has been denied career advancement and promotional
opportunities; and, (7) there is disparity in treatment with regard to
disciplinary actions and the time and attendance policy within the branch.
By letter dated May 14, 1998, the agency accepted the complaint for
investigation. On July 13, 1998, an investigator was appointed by
the agency to conduct the investigation of Complainant's complaint.
By letter dated August 10, 1998, the agency amended claims (1) and (5)
of Complainant's complaint pursuant to Complainant's request dated July
16, 1998. On November 16, 1998, the agency advised Complainant that
a new investigator had been appointed to investigate her complaint.
Complainant was also advised that the new investigator had �been
instructed to expedite the completion of the investigation�. The record
contains a memorandum issued by the investigator in which he makes a
summary of all his unsuccessful attempts to meet with Complainant and
her attorney to investigate the complaint .
On February 12, 1999, before being issued a final agency decision on
her formal complaint of discrimination, Complainant filed an appeal to
the Commission.
By letter dated March 18, 1999, the agency advised Complainant's attorney
that the investigator had informed the agency about the �difficulty he
has had with regard to the investigation of your client's complaint�.
The agency reminded Complainant's attorney that �your client's
cooperation is essential in the processing of this complaint�. Finally,
the agency requested to be informed whether Complainant wished to continue
processing her case or not. The attorney was advised to provide said
information within 15 days of his receipt of the letter.
On April 20, 1999, the agency issued a final decision dismissing
Complainant's complaint on the basis of her failure to cooperate pursuant
to EEOC Regulation 29 C.F.R. �1614.107(a)(7). On appeal Complainant
contends that before the agency appointed a new investigator in November
1998, she had actively participated in the investigation of her claims.
She further contends that she did not agree to �extend the investigation
of her complaint�.
EEOC Regulation 29 C.F.R. �1614.107(a)(7) provides that an agency
shall dismiss a complaint or portion of a complaint where the agency
has provided the complainant with a written request to provide relevant
information or otherwise proceed with the complaint and the complainant
has failed to respond to the request within 15 days of its receipt.
A review of the record shows that Complainant did not comply with the
agency's written request for clarification. Moreover, we note that the
record shows that Complainant and her attorney did not cooperate with
the investigator's attempts to investigate the complaint.
Based on a review of the record, we find that the final agency decision
was proper. Accordingly, it is hereby 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
November 18, 1999
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:
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