Rosalind Carter, Complainant,v.William A. Halter, Acting Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity CommissionFeb 27, 2001
01a04803 (E.E.O.C. Feb. 27, 2001)

01a04803

02-27-2001

Rosalind Carter, Complainant, v. William A. Halter, Acting Commissioner, Social Security Administration, Agency.


Rosalind Carter v. Social Security Administration

01A04803

February 27, 2001

.

Rosalind Carter,

Complainant,

v.

William A. Halter,

Acting Commissioner,

Social Security Administration,

Agency.

Appeal No. 01A04803

Agency No. 99-0101-SSA

DECISION

Complainant timely initiated an appeal from a final agency decision

(FAD) concerning her complaint 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.<1> The appeal is accepted pursuant

to 29 C.F.R. � 1614.405. Complainant alleged that she was discriminated

against on the bases of her sex (female) and reprisal for a prior EEO

complaint under Title VII when she was not selected for a position

as Congressional Public Inquiries Analyst, GS-9 (Vacancy Announcement

Y-246).

During the relevant time, complainant was employed as a Development

and Processing Assistant, GS-7, at the agency's Falls Church, Virginia

facility. Believing she was a victim of discrimination, complainant

sought EEO counseling and subsequently filed a formal complaint on

November 12, 1998. At the conclusion of the investigation, complainant

requested a hearing before an EEOC Administrative Judge. However,

complainant later withdrew her request for a hearing and the agency

issued its instant final decision.

The record reveals that complainant was among the approximately

54 candidates who applied for a position. The agency selected two

male candidates. Relevant agency officials averred that complainant's

application contained sentence fragments, spelling errors and instances

where the verb and subject did not agree. Further, the application did

not appear to be tailored to the position and portions of it were faint

and difficult to read. In contrast, the applications of the selectees

were concise, grammatically correct and tailored to the position.

Complainant noted that she was included among the best qualified

candidates and asserted that the applicable organizational unit had

a pattern of selecting males. However, 26 of the 40 selections in the

past two years were of female candidates and the particular unit had 34

female employees and 12 male employees. In its FAD, the agency concluded

that complainant failed to establish pretext. Neither complainant nor

the agency offer any contentions on appeal.

Applying the standards set forth in McDonnell Douglas Corp. v. Green, 411

U.S. 792 (1973), and Hochstadt v. Worcester Foundation for Experimental

Biology, Inc., 425 F. Supp. 318, 324 (D. Mass.), aff'd, 545 F.2d 222

(1st Cir. 1976) (applying McDonnell Douglas to reprisal cases), the

Commission finds that complainant established a prima facie case of

sex and reprisal discrimination. However, the Commission further finds

that complainant failed to present evidence establishing that more likely

than not, the agency's articulated reasons for its actions were a pretext

for discrimination. In reaching this conclusion, we note that the record

neither reflects that complainant's qualifications for the position were

superior to those of the selectees nor supports the contention that the

organizational unit favored male candidates.

Therefore, after a careful review of the record, including arguments and

evidence not specifically addressed in this decision, we AFFIRM the FAD.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0900)

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

February 27, 2001

Date

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

1 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 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.