01A01343
08-07-2002
Ramon Estrada, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Ramon Estrada v. Department of Transportation
01A01343
August 7, 2002
.
Ramon Estrada,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A01343
Agency Nos. 5-96-5113; 5-97-5031; 5-97-5071;
5-97-5077; 5-97-5102; 5-97-5107; 5-97-5108; and 5-98-5018
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the above-entitled matter.
Complainant alleged discrimination in violation of Title VII of the
Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et
seq. and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation
Act), as amended, 29 U.S.C. � 791 et seq., on the bases of national
origin (Hispanic), disability (psychological and physical) and reprisal
(prior EEO activity), when:
an investigation was initiated in response to an anonymous call to the
agency's Waste, Fraud and Abuse Hotline in which it was alleged that
he misused a government vehicle, abused time and attendance policies,
engaged in insubordination, and misused government property;
he was suspended without pay on December 18-19, 1996;
he did not receive pay for 32.5 hours for the pay period ending March
15, 1997;
on March 10, 1997, he was required to provide supporting medical
information relative to his request for an accommodation;
on April 4, 1997, he was denied 520 hours of Leave without Pay requested
under the Family and Medical Leave Act of 1993;
on April 28, 1997, he was required to provide supporting medical
information relative to absences that he may request relative to alleged
medical condition(s);
on April 28, 1997, he was directed to return to work on April 29, 1997;
the agency harassed his physician;
his request to work part-time or from home (flexi-place) was denied on
May 16, 1997;
on March 12, 1997 and April 28, 1997, he was ordered to return to work;
on May 12, 1997, his request for leave, in order to see a psychologist,
was denied;
the agency failed to timely respond to his April 30, 1997 request to
participate in the Voluntary Leave Transfer Program;
he received a memorandum from his supervisor dated June 25, 1997,
regarding the agency policy against using government property or official
paid duty time for personal issues;
on July 9, 1997, he received a harassing telephone call from his
supervisor;
on July 22, 1997, he was advised by his psychologist that he was being
suspended from duty;
he was suspended from duty effective August 11, 1997 for ten working
days;
the notice of suspension was delivered by security personnel;
he was not allowed 15 days to respond to the proposed suspension;
on August 21, 1997 and August 25, 1997, he was ordered to return to work;
the agency failed to provide a reasonable accommodation regarding his
mode of travel, when he was directed to attend a meeting at the Northwest
Mountain Regional Office located in Renton, Washington, on October 17,
1997; and
on November 8, 1997, he was medically retired.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's final decision
because the preponderance of the evidence of record does not establish
that discrimination occurred.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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 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 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 (S0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
August 7, 2002
__________________
Date