01995624
07-11-2002
Rita A. Doakes, Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Rita A. Doakes v. Department of the Treasury
01995624
07-11-02
.
Rita A. Doakes,
Complainant,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01995624
Agency Nos. TD-97-2208, TD-98-2002, TD-98-2049
Hearing Nos. 310-98-5272X, 310-98-5273X, 310-98-5274X
DECISION
Complainant timely initiated an appeal from the agency's final order
concerning her equal employment opportunity (EEO) complaints of unlawful
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., and
Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq. The appeal is accepted pursuant
to 29 C.F.R. � 1614.405. Complainant filed three complaints with
the agency. In her first complaint, under agency number TD-97-2208
(hereinafter Complaint 1), complainant claims she was discriminated
against on the bases of race (Black), color (medium), sex (female),
national origin (Afro-American), and reprisal (prior EEO activity)
when she was reassigned by Plant Manager (RMO 1: Caucasian, white,
male, American), the door locks to her office were changed, RMO 1 had
complainant watched while she moved her possessions to her new office,
and another manager (RMO 2: Black, male, African-American) allegedly
cautioned her that RMO 1 would be looking for mistakes by her.
In her second complaint, under agency number TD-98-2002 (Complaint 2),
complainant claims she was discriminated against on the bases of race,
color, sex, mental disability (depression) and reprisal when another
supervisor (RMO 3: Black, female, African-American, no known disability)
threatened to remove complainant if she did not return to work and provide
a �return to work� slip, subsequently recorded a staff meeting, assigned
complainant secretarial duties, and refused complainant's request to be
reassigned to another position. In addition, complainant claimed that
co-workers slandered her at an office birthday party and that the agency
requested her credit history from a credit reporting service
In her third complaint, under agency number TD-98-2049 (Complaint 3),
complainant claims she was discriminated against on the bases of race,
color, sex, mental disability, and reprisal when her acting supervisor
(RMO 4: Hispanic, male, color unknown, no known disability) questioned her
about when she had arrived at work and whether she was planning to be at
work the next day, and asked a co-worker to report back to him regarding
what complainant was working on. Finally, she claims that RMO 4 shouted
at her and sought to intimidate her during a meeting held in his office.
Complainant filed Complaint 1 with the agency on May 13, 1997. She filed
Complaint 2 on October 3, 1997, and Complaint 3 on November 21, 1997.
At the conclusion of the investigations, complainant received copies
of the investigative reports and requested a hearing before an EEOC
Administrative Judge (AJ) on all three complaints. The AJ consolidated
the complaints and issued a recommended decision on April 28, 1999,
finding no discrimination. The AJ granted a hearing for the issues
raised under Complaint 3, but issued a decision without a hearing
regarding the issues under Complaints 1 and 2.
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 final agency order.
We find the Administrative Judge's issuance of a decision without a
hearing regarding the issues raised in Complaints 1 and 2 was appropriate.
We further find that the AJ's ultimate finding regarding the issues raised
in all three complaints, namely that unlawful employment discrimination
was not proven by a preponderance of the evidence, is supported by
the record.<1>
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
_____07-11-02_____________
Date
1 We assume, for purposes of analysis only, that complainant is an
individual with a disability.