0120071174
03-10-2009
Regina Anderson, Complainant, v. Timothy F. Geithner, Secretary, Department of the Treasury, Agency.
Regina Anderson,
Complainant,
v.
Timothy F. Geithner,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 0120071174
Agency No. 06-2280
DECISION
Complainant filed an appeal from the agency's December 4, 2006 final
decision concerning her equal employment opportunity (EEO) complaint
alleging employment discrimination in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. �2000e et seq.
For the following reasons, the Commission AFFIRMS the agency's final
decision.
BACKGROUND
At the time of events giving rise to this complaint, complainant worked
as a Management Program Assistant at the agency's Internal Revenue
Service (IRS) Agency Wide Shared Services, Employee Resource Center
(ERC) facility in Memphis, Tennessee. On April 14, 2006, complainant
filed an EEO complaint alleging that she was discriminated against on
the basis of religion (Jehovah's Witness) when:
On September 22, 2005, management failed to accommodate complainant's
religious needs, which resulted in complainant's declination of the
position of Management and Program Analyst, GS-343-9/11, due to the
potential conflict between the posted duty hours and complainant's
educational and religious obligations.
At the conclusion of the investigation, complainant was provided with a
copy of the report of investigation and notice of her right to request
a hearing before an EEOC Administrative Judge (AJ). In accordance
with complainant's request, the agency issued a final decision, dated
December 4, 2006, pursuant to 29 C.F.R. � 1614.110(b). The decision
concluded that complainant failed to prove that she was subjected to
discrimination as alleged.
In its decision, the agency found that complainant applied for the
position of Management and Program Analyst, GS-343-9/11. Complainant
received an interview with panel members, P1 and P2, during which it was
explained to complainant that the duty hours of the position were 11:45
am until 8:15 pm. Complainant was selected for the position by S1.
S1 directed P1 to notify the selectees of their selection. P1 asked
the selectees whether they could work the advertised tour of duty.
The agency found that P1 stated that complainant told him that she
attended school on Fridays, but P1 stated that complainant made no
mention of her religious obligations.
The agency found that complainant claimed to have informed P1 on September
22, 2005, that she could accept the position if she was allowed to attend
her religious meetings and night class. Complainant alleged that P1
responded that complainant needed to be able to work the advertised
hours and asked her to prepare a letter declining the position if
she was unable to work the posted tour of duty. Complainant did so
and stated in her letter that she declined for "religious and college
attendance reasons."
The agency considered that while P2 was aware of complainant's religion,
P1 and the selecting official were not. The agency found that complainant
did not establish a prima facie case of failure to provide a religious
accommodation because complainant did not show that she requested
a religious accommodation. The agency found that the statement in
complainant's letter, declining to accept the position offered, was too
vague to be construed as a request for an accommodation based on her
religion. Having failed to present a prima facie case of religious
discrimination, the agency found that complainant did not show that
discrimination occurred as alleged.
On appeal, complainant argues that she informed P1 on September 22, 2005,
that she could accept the position offered, if P1 could accommodate
her school and religious meetings. Further, complainant states that
other employees were provided with religious accommodations in the same
position she was forced to decline.
ANALYSIS AND FINDINGS
As this is an appeal from a decision issued without a hearing, pursuant
to 29 C.F.R. � 1614.110(b), the agency's decision is subject to de novo
review by the Commission. 29 C.F.R. � 1614.405(a). See EEOC Management
Directive 110, Chapter 9, � VI.A. (November 9, 1999) (explaining that
the de novo standard of review "requires that the Commission examine
the record without regard to the factual and legal determinations of the
previous decision maker," and that EEOC "review the documents, statements,
and testimony of record, including any timely and relevant submissions
of the parties, and . . . issue its decision based on the Commission's
own assessment of the record and its interpretation of the law").
Under Title VII, employers are required to accommodate the religious
practices of their employees unless a requested accommodation is
shown to impose an undue hardship. 42 U.S.C. � 2000e(j); 29 C.F.R. �
1605.2(b)(1). The traditional framework for establishing a prima
facie case of discrimination based on religious accommodation requires
complainant to demonstrate that: (1) he or she has a bona fide religious
belief, the practice of which conflicted with their employment, (2)
he or she informed the agency of this belief and conflict, and (3)
the agency nevertheless enforced its requirement against complainant.
Heller v. EBB Auto Co., 8 F.3d 1433, 1438 (9th Cir. 1993); Turpen
v. Missouri-Kansas-Texas R.R. Co., 736 F.2d 1022, 1026 (5th Cir. 1984).
In the instant case we find the record supports the agency's final
decision. We observe that in his statement, P1 states that he recalls
complainant explaining that she had school obligations that would conflict
with the duty hours, but P1 denies that complainant mentioned anything
about having religious obligations. We find that complainant did not show
that she asked the agency to accommodate her religious observances, and
that P1, P2, and the selecting official were unaware of complainant's
need to accommodate her religious observances. P1 confirms that
complainant mentioned a conflict between her school attendance and
the tour of duty required by the position for which she applied and
complainant's letter of declination indicates that she did not accept the
position, in part, based on that conflict. Therefore, even if the agency
knew of complainant's desire for a religious accommodation, complainant
still declined the position in part because of her school (non-religious)
obligations. Complainant's school obligation by itself meant that
complainant could not ultimately work in the position regardless of any
religious accommodation. The agency's effective refusal to accommodate
complainant's school obligations was not discriminatorily motivated.
We therefore AFFIRM the agency's final decision, finding no
discrimination.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 77960,
Washington, DC 20013. 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 (S0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
March 10, 2009
__________________
Date
2
0120071174
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
5
0120071174