01A05752_r
12-18-2001
Ray C. Dunklin, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Ray C. Dunklin v. Department of the Navy
01A05752
December 18, 2001
.
Ray C. Dunklin,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Appeal No. 01A05752
Agency No. 99-61331-004
Hearing No. 150-AO-8454X
DECISION
In the instant complaint dated June 7, 1999, complainant claimed that he
was discriminated against on the basis of his race (African-American)
when on February 24, 1999, he overheard his supervisor talking to a
group of employees and the supervisor used the phrase �n[*****] rig.�
According to complainant, his supervisor also stated that he did not
like White women marrying Black men. Complainant stated that he is
married to a White woman.
The complaint was accepted for investigation. Subsequent to
the investigation, complainant requested a hearing before an EEOC
Administrative Judge (AJ). The AJ issued a decision without a hearing
in which she found that the instant complaint failed to state a
claim, and should be dismissed pursuant to 29 C.F.R. � 1614.107(a)(1).
The AJ observed that the relevant racial comments were not directed to
complainant nor was complainant mentioned in the remarks. In its final
order dated July 31, 2000, the agency implemented the AJ's decision and
dismissed the complaint.
We find that complainant has not established that he suffered harm to
a term, condition, or privilege of his employment as a result of the
alleged remarks. Complainant has not established that the relevant
comments were directed to him or involved him in any way. Even if the
comments were directed at complainant, we still find that these comments,
standing alone, did not render him aggrieved. Additionally, we note
that complainant has requested compensatory damages for his mental and
emotional distress. Accordingly, the agency decision dismissing this
complaint on the grounds of failure to state a claim is hereby AFFIRMED.
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
December 18, 2001
__________________
Date