01a01976
06-02-2000
Rashidah Hasan, Complainant, v. Marc B. Nathanson, Chairman, Broadcasting Board of Governors, Agency.
Rashidah Hasan v. Broadcasting Board of Governors
01A01976
June 2, 2000
Rashidah Hasan, )
Complainant, )
)
v. ) Appeal No. 01A01976
) Agency No. OCR-96-14-R
Marc B. Nathanson, )
Chairman, )
Broadcasting Board of Governors<1>, )
Agency. )
____________________________________)
DECISION
The Commission finds that the agency's November 30, 1999 final decision
dismissing the complaint on the basis of failure to cooperate, is proper
pursuant to the provisions of 64 Fed. Reg. 37,644, 37,656 (1999) (to be
codified and hereinafter referred to as 29 C.F.R. �1614.107(a)(7)).<2>
The record shows that on March 20, 1996, Complainant filed a formal
complaint of discrimination claiming that she had been discriminated
against on the bases of race, religion, and reprisal when:
(1) on October 15, 1995, her story on the Million Man March was canceled
by persons unknown to Complainant and without the authority to do so; and
(2) management officials failed to take action against a coworker who
made unsubstantiated charges against Complainant regarding her work and
attendance, stalked her, questioned her whereabouts, and accused her
of intimidation.
After the agency dismissed the complaint for failure to state a claim
and on the grounds of mootness, Complainant appealed to the Commission.
By decision issued on April 23, 1998, the Commission ordered the agency
to process the complaint. Hasan v. United States Information Agency
(EEOC Appeal No. 01975659 (April 23, 1998).
By letter dated July 21, 1998, the agency advised Complainant's attorney
that her complaint had been accepted for processing. By letter dated
September 18, 1998, the agency advised Complainant's attorney that it
had held the investigation in abeyance pending his request of additional
time to discuss the possibility of resolution prior to the investigation.
The agency further advised Complainant's attorney that "we would now
like to move forward with the investigation ... if we do not hear from
you within 10 calendar days of receipt of this letter, we will proceed
with the processing of the complaint".
On March 10, 1999, the agency authorized an investigator "to investigate
all aspects of the referenced complaint". By letter dated July 6, 1999,
the investigator informed the agency that after two attempts to begin
the investigation, Complainant had consistently "refused to proceed with
the investigation" and had also refused to communicate with her attorney.
On August 9, 1999, the agency asked Complainant's attorney to contact the
agency within 15 calendar days, or the "complaint may be dismissed for
failure to cooperate". Complainant and her attorney failed to respond
to the agency's request.
Based on the foregoing, we find that Complainant failed to cooperate
with the agency's attempts to investigate her claims. Accordingly,
the final agency decision was proper and 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:
June 2, 2000
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 after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
___________ ____________________________
DATE EQUAL EMPLOYMENT ASSISTANT
1 The instant complaint was initially pursued against the United States
Information Agency (USIA). On October 1, 1999, the USIA was abolished
and the complaint was transferred to the Broadcasting Board of Governors
for further processing.
2 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 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.