01a05373
12-19-2000
Ranae R. Sanchez, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Ranae R. Sanchez v. Department of the Army
01A05373
12-19-00
.
Ranae R. Sanchez,
Complainant,
v.
Louis Caldera,
Secretary,
Department of the Army,
Agency.
Appeal No. 01A05373
Agency No. BHEIFO9904J0220
DECISION
Complainant timely initiated an appeal from a final agency decision
(FAD) concerning her complaint of unlawful employment discrimination in
violation of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. � 2000e et seq.<1> The appeal is accepted pursuant to 29 C.F.R. �
1614.405. Complainant alleged that she was discriminated against on
the bases of sex (female) and national origin (Hispanic) when she was
suspended for three days for: (1) failure to work on assigned duties;
(2) leaving the work site without permission; (3) being discourteous; and,
(3) displaying disruptive behavior.
The record reveals that during the relevant time, complainant was
employed as a Material Handler, WG-05, in the agency's Supply Management
Branch of the Directorate of Logistics. Believing she was a victim
of discrimination, complainant sought EEO counseling and subsequently
filed a formal complaint on April 29, 1999. At the conclusion of the
investigation, complainant was informed of her right to request a hearing
before an EEOC Administrative Judge or alternatively, to receive a final
decision by the agency. Complainant initially requested an EEOC hearing
but later withdrew this request. On July 25, 2000, the agency issued
its FAD finding no discrimination.
In its FAD, the agency concluded that complainant established a prima
facie case of sex and national origin discrimination because she
identified two non-Hispanic, male individuals (E-1 and E-1) who were
not suspended for displaying disruptive behavior. The agency also found
that it
established legitimate, nondiscriminatory reasons for its actions, namely
that complainant was suspended for multiple incidents relating to her
performance and to conflicts she had in the workplace. The agency also
found that complainant failed to establish pretext. The agency noted
that E-1 and E-2 received a Letter of Counseling because they were
only involved in one workplace altercation. Furthermore, the agency
concluded that complainant submitted no evidence which proved that she
was suspended because of her sex and national origin and not for the
reasons identified by the agency.
Applying the standards set forth in McDonnell Douglas Corp. v. Green, 411
U.S. 792 (1973), the Commission agrees with the agency that complainant
failed to present evidence that more likely than not, the agency's
articulated reasons for its action were a pretext for discrimination.
Therefore, after a careful review of the record, including complainant's
contentions on appeal, the agency's response, and arguments and evidence
not specifically addressed in this decision, we AFFIRM the FAD.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
12-19-00
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
1 On 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 29
C.F.R. Part 1614 in deciding the present
appeal. The regulations, as amended, may
also be found at the Commission's website
at www.eeoc.gov.