01983594
09-20-1999
Ronald E. Walton, Appellant, v. Lawrence H. Summers, Secretary, Department of the Treasury, Agency.
Ronald E. Walton v. Department of the Treasury
01983594
September 20, 1999
Ronald E. Walton, )
Appellant, )
) Appeal No. 01983594
v. ) Agency No. 95-3032
) Hearing No. 240-96-5113X
Lawrence H. Summers, )
Secretary, )
Department of the Treasury, )
Agency. )
)
)
DECISION
Appellant timely filed an appeal with the Commission from a final
decision of the agency concerning her complaint of unlawful employment
discrimination in violation of Title VII of the Civil Rights Act of 1964,
42 U.S.C. � 2000e et seq. The appeal is accepted in accordance with
EEOC Order No. 960, as amended. See 29 C.F.R. � 1614.402(a).
The issue on appeal is whether the agency discriminated against appellant
on the bases of race, color, gender, and reprisal by abolishing his
position of telecommunications manager on October 1, 1994. To prevail
on a claim of discrimination, appellant must satisfy the three part test
established by the Supreme Court in McDonnell Douglas Corp. v. Green,
411 U.S. 792 (1973). He must generally establish a prima facie case and
then show that the reasons articulated by the agency for its action were
pretextual. 411 U.S. at 802-05; Furnco Construction Co. V. Waters, 438
U.S. 567, 576 (1978); Texas Department of Community Affairs v. Burdine,
450 U.S. 248, 253-56 (1981); St. Mary's Honor Center v. Hicks, 509
U.S. 502, 519 (1993). Where, as here, however, the agency has established
legitimate, nondiscriminatory reasons for its conduct, the trier of fact
may proceed directly to determining whether appellant proved pretext.
United States Postal Service Board of Governors v. Aikens, 460 U.S. 711,
713-17 (1983); Holley v. Department of Veterans Affairs, EEOC Request
No. 05950842 (November 13, 1997).
The administrative judge concluded that appellant failed to meet
his burden of proof in his discrimination claim. The evidence put
forward by the agency, particularly the testimony of the assistant
division chief, establishes that appellant's position was abolished
pursuant to a reorganization plan designed to promote efficiency in
the division's operations. The evidence of record established that
positions encumbered by three white males were also abolished, and that
appellant and these other employees retained their pay and grade levels.
In particular, the administrative judge noted that appellant retained
his grade level and was given the opportunity to work on more visible
projects within the division. On appeal, appellant contests the
merits of the administrative judge's findings, but does not offer any
persuasive evidence that contradicts those findings, or which undermines
the credibility of the agency's witnesses.
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 administrative judge's
recommended decision, as adopted by the agency in its final decision,
because the preponderance of the evidence of record does not establish
that discrimination occurred.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in the
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive the
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. � 1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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 the decision.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive the decision. To ensure that your civil action is
considered timely, you are advised to file it WITHIN THIRTY (30) CALENDAR
DAYS from the date that you receive the decision or to consult an attorney
concerning the applicable time period in the jurisdiction in which your
action would be filed. 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 (Z1092)
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:
Sept. 20, 1999
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations